•<_-3T 


NEW  YORK 

STATE  CONSTITUTION 
ANNOTATED         ~~ 


PART  I 

Text  in  Force  April  6,  1915,  with  Notes 

PART  II 

Amendments  Adopted  and  Proposed,  1895-1914 


PREPARED  UNDER  THE  DIRECTION 

OF  T1IE 
NEW  YORK  STATE  LIBRARY 


s 

The  New  York  State 

Constitutional  Convention  Commission 
1915 


ALBANY 

J.     B.     LYON    COMPANY,    PRINTtRS 
1918 


SUPPLIED  TO  THE    DELEGATES 

TO    THE 

New  York  State 

Constitutional  Convention 

1915 


BY    THE 


New  York  State 

Constitutional  Convention 

Commission 


(Established  by  Laws  of  1914,  Chapter  261,  to  collect,  compile 
and  print  Information  and  data  for  the  Consti- 
tutional Convention  of  1915) 


MEMBERS  OF  COMMISSION 

MORGAN  J.  O'BRIEN,  Chairman 

2  Rector  Street,  New  York  City 

PRESIDENT  OF  THE  SENATE 

ROBERT  F.  WAGNER,  1913-14 
EDWARD  SCHOENECK,  1915-16 

SPEAKER  OF  THE  ASSEMBLY 

THADDEUS  C.  SWEET,  1914-15 

SAMSON  LACHMAN 

35  Nassau  Street,  New  York  City 

JOHN  H.  FINLEY 

State  Education  Building,   Albany,   N.  Y. 


Secretary  to  the  Commission 

FREDERICK  D.  COLSON 
New  York  State  Library,  Albany,  N.  Y. 


322305 


INTRODUCTORY  NOTE 


This  publication  consists  of  two  parts,  each  part  being  sepa- 
rately paged  and  having  a  separate  table  of  contents  and  index. 
Part  I  contains  the  complete  text  of  the  New  York  State  Con- 
stitution as  amended  and  in  force  on  April  6,  1915,  with  notes, 
the  nature  and  scope  of  which  are  explained  below.  Part  II 
contains  the  text  of  all  amendments  to  the  Constitution  proposed 
in  the  Legislature  from  1895  to  1914,  inclusive,  including  those 
adopted  by  the  people,  those  submitted  to  the  people  but  re- 
jected, and  those  not  submitted  to  the  people.  The  object  and 
scope  of  Part  II  are  more  fully  explained  in  a  separate  intro- 
ductory note  following  the  title  page  to  that  part. 

The  object  of  the  notes  in  Part  I  is  to  throw  light  on  the 
origin  and  on  the  historical  basis  and  development  of  the  provi- 
sions of  the  present  Constitution.  It  was  obviously  impossible, 
in  the  short  space  of  time  available  for  the  preparation  of  this 
work,  to  cover  this  field  in  any  exhaustive  way.  To  do  that 
would  have  necessitated  the  long  and  careful  examination  of  a 
great  mass  of  material,  much  of  it  scattered.  For  the  purposes 
of  this  work  it  was  necessary  to  limit  this  examination  strictly 
to  certain  material  only,  and  under  the  circumstances  the  best 
selection  seemed  to  be  the  work  by  the  Hon.  Charles  Z.  Lincoln 
on  the  Constitutional  History  of  New  York1  and  the  debates 
of  the  past  constitutional  conventions  in  this  State. 

Mr.  Lincoln  was  a  delegate  to  the  Constitutional  Convention 
of  1894,  and  from  1895  to  1900  was  the  chairman  of  the  Statutory 
Revision  Commission  and  legal  adviser  to  the  Governor.  His 

1  Published  in  five  volumes  in  1906  by  the  Lawyers  Co-operative  Pub- 
lishing Co.,  Rochester,  N.  Y. 

Another  work  of  substantial  value  to  the  delegates  to  the  Constitutional 
Convention  of  1915  is  the  Constitutional  History  of  New  York  State  from 
the  Colonial  Period  to  the  Present  Time,  by  the  Hon.  J.  Hampden 
Dougherty.  This  work  comprises  the  second  volume  of  the  Legal  and 
Judicial  History  of  New  York  published  in  three  volumes  in  1911,  under 
the  editorship  of  the  Hon.  Alden  Chester,  by  the  National  Americana 
Society,  New  York.  It  gives  an  excellent,  though  necessarily  somewhat 
concise,  history  of  the  past  constitutional  conventions  and  commissions 
in  this  State,  and  is  often  most  helpful  in  throwing  light  on  the  origin 
and  forces  back  of  the  more  important  changes  which  have  been  made 
froiy  time  to  time  in  the  Constitution  of  this  State. 

M 


VI 


INTRODUCTORY  NOTE  [Part 


Text  in  force  April  6,  1915,  with  notes 


work  is  the  most  comprehensive  history  yet  published  of  the 
origin,  development  and  judicial  construction  of  the  Constitu- 
tion of  the  State,  including  the  history  of  the  past  constitu- 
tional conventions  and  commissions.  The  Constitutional  Con- 
vention Commission  has  supplied  this  work  to  each  delegate  to 
the  Constitutional  Convention  of  1915. 

In  order  that  certain  references  in  the  notes  to  Part  I  may 
be  understood,  it  is  necessary  to  refer  briefly  to  the  past  con- 
stitutional conventions  and  commissions  in  this  State. 

The  Constitution  of  1777  was  framed,  adopted  and  put  in 
operation  by  the  Fourth  Provincial  Congress.  The  journal  of 
this  Congress  which  as  a  part,  and  a  part  only,  of  its  functions, 
acted  as  the  first  Constitutional  Convention  in  this  State,  was 
printed  from  the  original  manuscript  for  the  first  time  by  the 
State  in  1842;  but  unfortunately  there  is  nothing  giving  the 
debates  of  this  body,  and  even  the  journal  entries  relating  to 
the  work  of  the  Congress  as  a  Constitutional  Convention  are  scat- 
tered among  the  entries  relating  to  the  other  functions  of  the 
Congress.  For  this  reason  the  references  in  Part  I  to  the  Con- 
vention of  1777  are  necessarily  confined  to  the  parts  of  Mr.  Lin- 
coln's work  giving  the  history  of  that  Convention. 

While  the  journal  of  the  Constitutional  Convention  of  1801 
was  printed  (first  in  1801,  and  then  reprinted  in  1821  for  the 
use  of  the  Convention  held  in  the  latter  year),  no  debates  were 
ever  published,  and  therefore  the  references  in  Part  I  to  this 
Convention  are  also  only  to  Mr.  Lincoln's  work. 

There  are,  however,  printed  debates  as  well  as  journals  for 
the  Constitutional  Conventions  of  1821,  1846,  1867-68  and  1894. 

The  debates  of  the  1821  Convention  are  found  in  two  publica- 
tions. One  was  edited  by  Nathaniel  H.  Carter  and  William  L. 
Stone,  reporters,  and  Marcus  T.  C.  Gould,  stenographer,  and 
published  in  one  volume  in  Albany  in  1821.  The  other  was 
edited  by  L.  H.  Clarke  and  published  in  one  volume  in  New 
York  in  1821.  As  the  Carter,  Stone  and  Gould  edition. seems  to 
be  the  more  comprehensive  of  the  two,  this  is  the  edition  to 
which  reference  is  made  in  the  notes;  but  in  order  to  permit 
of  the  use  of  the  Clarke  edition  and  partly  also  in  order  to  get 
the  benefit  of  matter  appearing  only  in  this  edition  (if  there  is 
any),  the  page  references  to  the  edition  first  referred  to  are 
followed  in  parentheses  by  the  Convention  dates. 


1 ]  INTRODUCTORY  XOTE 


vu 


Text  in  force  April  6,  1915,  with  notes 


Similarly,  the  debates  of  the  1846  Convention  are  found  in  two 
publications.  One  was  edited  by  William  G.  Bishop  and  William 
H.  Attree,  and  printed  in  one  volume  at  the  office  of  the  Evening 
Atlas,  Albany,  1846.  This  edition  is  sometimes  called  the  Bishop 
and  Attree  edition,  and  sometimes  the  Atlas  edition.  The  other 
publication  was  edited  by  S.  Crosswell  and  R.  Sutton,  and 
printed  in  one  volume  at  the  office  of  the  Albany  Argus  in  1846. 
This  edition  is  sometimes  called  the  Crosswell  and  Sutton  edi- 
tion, and  sometimes  the  Argus  edition.  There  seems  to  be  no 
general  agreement  as  to  which  edition  is  the  better,  but  as  the 
time  limitation  on  the  preparation  of  the  present  publication  for- 
bade reference  to  both  editions,  and  as  the  Atlas  edition  seems 
to  contain  slightly  more  matter  than  the  Argus  edition,  the 
former  edition  is  the  one  to  which  reference  is  made  in  the 
notes;  but  for  the  reasons  already  stated  in  explaining  the  two 
publications  of  the  1821  debates,  the  page  references  to  the 
Atlas  edition  are  followed  in  parentheses  by  the  Convention  dates. 

As  the  debates  of  the  1867-68  Convention  were  published  only 
in  one  edition  (in  five  volumes  in  1868),  there  is  no  occasion  for 
any  parallel  reference. 

The  debates  of  the  1894  Convention  are  found  in  two  publica- 
i  ions,  each  called  the  Record.  The  original  Record  was  published 
from  day  to  day  during  the  course  of  the  Convention,  and  was 
subsequently  bound  in  six  large  but  thin  quarto  volumes.  The 
Record  of  this  Convention  was  revised  by  the  Hon.  William  H. 
Steele,  vice-president  of  the  Convention,  pursuant  to  chapter 
21  of  the  Laws  of  1898,  and  published  in  1900  in  five  volumes 
under  the  direction  of  the  Hon.  Charles  E.  Fitch,  secretary  of 
the  Convention,  pursuant  to  chapter  419  of  the  Laws  of  1900. 
The  debates  of  the  1894  Convention  are  obviously  of  more  im- 
portance to  the  Constitutional  Convention  of  1915  than  the  de- 
bates of  the  earlier  conventions,  and  for  the  purpose  of  making 
them  as  available  as  possible  to  the  delegates  to  the  latter  Con- 
vention, reference  is  made  in  the  notes  to  Part  I  of  the  present 
publication  both  to  the  original  edition  and  to  the  Revised 
Record.  The  references  first  given  are  to  the  volume  and  page 
of  the  Revised  Record;  the  references  in  parentheses  are  to  the 
original  Record. 

In  addition  to  the  Constitutional  Conventions  above  referred 
to,  there  have  been  in  this  State  two  very  important  constitu- 


Vlll 


INTRODUCTORY  NOTE  [Part 


Text  in  force  April  6,  1915,  with  notes 


tional  commissions  established  for  the  purpose  of  recommend- 
ing constitutional  amendments  to  the  Legislature.  The  first  was 
created  by  chapter  884  of  the  Laws  of  1872  and  is  customarily 
referred  to  as  the  Constitutional  Commission  of  1872.  As  its 
functions  were  extended  by  chapter  6  of  the  Laws  of  1873,  it 
had  power  to  suggest  amendments  to  any  part  of  the  Consti- 
tution. The  second  was  created  by  chapter  189  of  the  Laws  of 
1890,  and  as  its  powers  were  limited  to  proposing  amendments 
to  Article  VI  of  the  Constitution,  it  is  generally  known  as  the 
Judiciary  Commission  of  1890.  While  both  these  bodies  pub- 
lished journals  of  their  proceedings,  unfortunately  their  debates 
were  never  printed.  Consequently  the  references  to  these  com- 
missions in  the  notes  to  Part  I  of  the  present  work  are  neces- 
sarily confined  to  the  parts  of  Mr.  Lincoln's  work  dealing  with 
them. 

Volume  1  of  Mr.  Lincoln's  work  gives  the  full  text  of  the 
Constitutions  of  1777,  1821,  1846,  1867  (of  which  only  the  Ju- 
diciary Article  was  adopted  by  the  people)  and  1894,  and  also 
the  amendments  to  all  these  constitutions  adopted  by  the  people 
down  to  1904,  and  Part  II  of  the  present  work  gives  (among 
other  things)  all  the  amendments  to  the  1894  Constitution  adopted 
by  the  people  down  to  date.  All  the  constitutional  provisions 
referred  to  in  the  source  notes  to  the  sections  of  the  present 
Constitution,  as  given  in  Part  I  of  the  present  work,  can  there- 
fore be  found  in  full  either  in  Mr.  Lincoln's  work  or  in  Part  II 
of  the  present  work. 

The  amendments  to  the  Constitution  proposed  in  the  Consti- 
tutional Convention  of  1894  were  subsequently  bound  in  three 
volumes  entitled  on  the  outside  "  Proposed  Constitutional 
Amendments."2  These  proposed  amendments  are  designated  in 
the  Revised  Record  of  this  Convention  as  overtures,  and  are 
referred  to  by  introductory  and  print  numbers,  following  the 
legislative  practice  as  to  bills.  The  notes  to  Part  I  of  the  present 
work  give  references  to  those  overtures  which  proposed  changes 
in  provisions  now  in  the  present  Constitution  either  in  whole 
or  in  part,  and  also  indicate  where  in  Part  II  of  the  present  work 

2  There  are  no  title  pages  to  these  volumes  and  no  complete  index. 
Any  particular  proposed  amendment  can  be  located  only  by  moans  of  its 
introductory  or  print  number.  The  daily  calendars  of  the  1894  Conven- 
tion will  be  found  in  the  latter  part  of  the  third  volume. 


I]  INTRODUCTORY  NOTE  ix 

Text  in  force  April  6,  1915,  with  notes 

can  be   found  the   amendments   to  the   1894   Constitution  pro- 
posed in  the  Legislature  from  1895  to  1914,  inclusive. 

In  examining  Mr.  Lincoln's  work  and  the  debates  of  Consti- 
tutional Conventions,  it  is  of  course  obvious  that  references  were 
found  to  many  matters  not  dealt  with  at  all  in  the  Constitution 
as  it  exists  to-day,  or  dealt  with  only  indirectly,  and  also  to 
many  matters  which,  although  having  some  relation,  more  or 
less  close,  to  existing  provisions,  could  not  be  assigned  to  any 
particular  section  of  the  present  Constitution.  The  limitations 
of  time  for  the  preparation  of  this  work  prevented  the  full  treat- 
ment of  these  matters,  but  the  more  important  of  them  will  be 
found  referred  to  on  pages  129-149  of  Part  I  of  the  present 
work  under  the  designation  Supplemental  Notes.  In  examining 
the  Supplemental  Notes,  it  must  always  be  borne  in  mind  that 
from  their  very  nature  they  are  seldom,  if  ever,  exhaustive. 
They  simply  gather  together  fragmentary  references  which  could 
not  be  properly,  or  at  least  conveniently,  assigned  to  any  place 
in  the  text  preceding  them.  They  are  often,  however,  supple- 
mented by  other  references  found  in  the  notes  to  the  sections  of 
the  Constitution. 

Where  there  is  more  than  one  volume  in  any  of  the  publica- 
tions mentioned  in  the  notes  in  Part  I  of  the  present  work,  the 
particular  volume  referred  to  is  indicated  by  Roman  notation 
and  the  pages  by  Arabic  notation.  Thus,  1:240-246,  is  a  refer- 
ence to  volume  1  at  pages  240-246. 

F.  D.  C. 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED 


PART  I 
TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES 

TABLE  OF  CONTENTS 
Constitution  —  Analysis  of  Sections 

PREAMBLE 

ABTICLE  I  LINB    PAGE 

§  1    Security  in  rights  and  privileges 1  1 

§2     Trial  by  jury 1  2 

§  3     Religious  liberty   1  3 

Competency  of  witnesses 3  3 

Abuse  of  liberty 5  3 

§  4     Habeas  corpus    1  3 

§  5     Excessive  bail,  fines,  and  punishments;   detention  of  wit- 
nesses    1  4 

§  6     Bights  of  accused  in  criminal  actions 1  4 

Due  process  of  law 12  4 

Eminent  domain 13  4 

§  7     Eminent  domain 1  5 

Private  roads    7  5 

Drainage  of  agricultural  lands 12  5 

Excess  condemnation  in  cities 18  5 

§  8     Liberty  of  speech  and  press 1  6 

Libel 4  6 

§  9     Eight  to  assemble  and  petition 1  7 

Divorce 3  7 

Gambling 4  7 

§  10     Sovereignty  in  lands 1  8 

Escheat 3  8 

§  11     Feudal  tenures  abolished 1  8 

§  12     Allodial  tenure 1  8 

§  13     Leases  of  agricultural  lands  limited 1  9 

§  14     Restraints  on  alienation  prohibited 1  9 

§  15     Indian  land  transactions 1  10 

§  16     Existing  and  future  law  of  state 1  10 


xii                                   TABLE  OF  CONTENTS  [Part 

Constitution  —  Analysis  of  Sections 

ABTICLE  I  — Continued  LlNB    pAGE 

§  17     Royal  and  state  grants  and  charters  preserved 1         11 

Obligation  of  debts,  property  rights  and  judicial  proceed- 
ings preserved    10         11 

§  18     Damages  for  injuries  causing  death 1         11 

§  19     Workmen 's  compensation   1         12 

ARTICLE  II 

§  1     Qualification    of   voters 1         13 

Soldier  and  sailor  vote  in  war  time..  10         13 


2     Persons  excluded  from  right  of  suffrage 


§  3  Voting  residence    , 

§  4  Registration  of  voters. 

§  5  Manner  of  voting 

§  6  Bipartisan  election  boards, 


15 
16 
17 
17 

13 


ABTICLE  in 

§  1     Legislative  power   1  19 

§  2     Senators  and  assemblymen;  number  and  terms 1  19 

§  3     Senate  districts   1  20 

§  4     State  census   1  26 

Senate  districts;  formation  and  alteration 5  27 

Number  of  senators  in  counties 23  27 

Eatio  for  apportionment 29  27 

§  5     Assembly  apportionment  1  28 

Eatio  for  apportionment 15  28 

Number  of  assemblymen  in  each  county 31  29 

Division  of  counties  into  assembly  districts 66  30 

Review  of  apportionment  by  supreme  court 114  31 

§  6     Compensation  of  members  of  legislature 1  32 

§  7     Member  of  legislature  not  to  hold  other  civil  office 1  32 

§  8     Certain  officers  disqualified  as  members 1  33 

§  9     Time  of  elections  of  members  of  legislature 1  34 

§  10     Quorum  of  each  house 1  34 

Powers  of  each  house 2  34 

Temporary  president  of  senate 5  34 

§  11     Journals  of  each  house 1  35 

Open  sessions   3  35 

Adjournments 4  35 

§  12     Privileges  of  members 1  35 

§  13     Bills  may  originate  or  be  amended  in  either  house 1  35 

§  14     Enacting  clause  of  bills 1  36 

§  15     Manner  of  passing  bills 1  36 

§  16     Private  or  local  bills  limited  to  one  subject  to  be  expressed 

in  title    1  37 

§  17     Existing  laws  not  applicable  by  reference 1  38 

§  18     Cases  in  which  private  or  local  bills  shall  not  be  passed. . .  1  38 


I]                                    TABLE  OF  CONTENTS  xiii 
Constitution  —  Analysis  of  Sections 

ARTICLE  III  —  Continued                         LINE  PAGE 

§  18     General  laws  to  provide  for  enumerated  cases 30  39 

Restrictions  on  laws  governing  street  railroads 32  39 

§  19     Private  claims  against  state  not  to  be  audited  by  legisla- 
ture    1  40 

§  20     Appropriation  of  public  property  for  local  or  private  pur- 
poses;  two-thirds  vote  required 1  40 

§  21     Appropriation  bills    1  41 

§  22     Appropriation  bills  not  to  embrace  other  subjects 1  41 

§  23     Statutory  revision  bills  excepted  from  certain  sections....  1  42 

§  24     Tax  laws  to  state  amount  and  object 1  42 

§  25     Quorum  of  three-fifths  necessary  for  passing  certain  bills. .  1  43 

§  26     Boards  of  supervisors 1  48 

§  27     Delegation  of  local  legislative  and  administrative  powers.  1  44 

§  28     Extra  compensation  to  public  officers  prohibited 1  44 

§  29     Prison  labor    1  45 

Contract  system  abolished 4  45 

Work  for  state  or  political  subdivisions  excepted 11  45 

ARTICLE  IV 

£  1     Governor  and  lieutenant-governor;  term  of  office 1  46 

§  2     Governor  and  lieutenant-governor;   qualifications 1  46 

§  3     Election  of  governor  and  lieutenant-governor 1  47 

Tie  vote   5  47 

8  4     Governor;  powers  and  duties 1  48 

Salary 12  48 

Executive  residence    14  48 

8  5     Reprieves;    commutations;    pardons 1  49 

Treason;  special  provisions  relating  to 7  49 

Annual  communication  to  legislature  of  reprieves,  etc 11  49 

§  6     When  lieutenant-governor  to  act  as  governor 1  50 

When    governor   continues   as    commander-in-chief    though 

out  of  state 6  50 

§  7     Lieutenant-governor;   qualifications    1  50 

President   of  senate 2  50 

Succession  to  office  of  governor 4  50 

§  8     Salary  of  lieutenant-governor 1  51 

§  9     Governor 's  power  over  legislation 1  52 

Passage  of  bills  over  veto 6  52 

Ten  day  bills 15  52 

Thirty  day  bills 20  52 

Appropriation  bills;  governor  may  object  to  one  or  more 

items 23  52 

ARTICLE  V 

§  1     Election  and  terms  of  certain  state  officers 1  54 

Compensation 6  54 

State  engineer  and  surveyor  to  be  practical  civil  engineer. .  12  54 


xiv                                  TABLE  OF  CONTEXTS  [Part 

Constitution  —  Analysis  of  Sections 

ARTICLE  V  —  Continued                          LINE  pAGE 

§  2     First  election  and  terms  of  certain  state  officers 1  55 

Successors 6  55 

§  3    Superintendent  of  public  works;   appointment,  compensa- 
tion, powers  and   duties 1  56 

Suspension  or  removal 15  56 

Assistant  superintendents  22  56 

§  3     Other   employees    35  56 

Additional   duties    39  56 

Vacancies 43  56 

§  4     Superintendent  of  state  prisons;  appointment,  powers  and 

duties 1  57 

Prison  officers 8  57 

Clerks  of  prisons  appointed  by  comptroller 12  58 

Eemoval  of   superintendent 16  58 

§  5     Commissioners  of  land  office 1  58 

Commissioners  of  canal  fund 4  58 

Canal  board    6  58 

§6     Powers  and  duties  of  boards  and  officers 1  59 

§  7    Suspension  of  state  treasurer 1  59 

§  8     Weighing,  measuring  and  inspecting  commodities;   offices 

abolished 1  59 

§  9     Civil  service   1  60 

Preference  to  honorably  discharged  soldiers  and  sailors...  5  60 

ARTICLE  VI 

§  1     Supreme  court;  how  constituted;  judicial  districts 1  61 

Justices;  number  and  election 6  61 

Alteration  of  judicial  districts;  reapportionment  of  justices  15  61 

Increase  in  number  of  justices 20  61 

Additional  judicial  district 31  62 

§  2     Judicial  departments    1  63 

Appellate    division    7  63 

Expedition  of  business;   transfer  of  appeals  to  other  de- 
partment    29  64 

Powers  and  duties  of  justices 35  64 

Jurisdiction 46  64 

Reporter 54  64 

Appellate  division  justices  to  fix  special  terms 55  64 

§  3     Judge  not  to  review  own  decision  on  appeal 1  65 

Testimony  in  equity  cases 4  65 

Power  of  legislature  over  jurisdiction  and  proceedings  in 

actions 5  65 

§  4     Supreme  court  justices;  terms  and  vacancies 1  66 

§  5     Certain  city  courts  abolished 1  67 

§  6     Circuit  courts  and  courts  of  oyer  and  terminer  abolished..  1  68 

§  7     Court  of  appeals;  judges,  terms,  quorum,  etc 1  69 


I]                                   TABLE  OF  CONTENTS  xv 
Constitution  —  Analysis  of  Sections 

ARTICLE  VI  —  Continued                         LINE  PAQH 

§  7     Reporter,  clerk,  etc 9  69 

Expedition   of   business;    designation   by   governor   of   su- 
preme court  justices  to  serve  as  associate  judges 11  09 

§  8     Vacancies  in  court  of  appeals 1  70 

§  9     Jurisdiction  of  court  of  appeals 1  71 

§  10     Judges  not  to  hold  other  office 1  72 

§  11     Removal  of  judges 1  73 

§  12     Age  limit  of  judges 1  73 

Compensation  of  supreme  court  justices 4  74 

§  13     Impeachment 1  75 

§  14     County  courts  1  76 

Judges;   number,  election,  term 3  76 

Jurisdiction  of  county  courts 19  76 

Courts  of  sessions  abolished  except  in  New  York  county. .  30  77 

County  judges;  powers  and  duties,  salary 37  77 

May  hold  court  in  other  counties 40  77 

§  15     Surrogates '    courts    1  78 

Surrogates;  election,  term,  powers  and  duties 2  78 

County  judge  as  surrogate 9  78 

Separate  officer  as  surrogate 11  78 

Age  limit  of  county  judges  and  surrogates 17  78 

Vacancies  in  office  of  county  judge  or  surrogate '.  . .  20  78 

Compensation  of  county  judges  and  surrogates 22  78 

Powers  of  surrogates  may  be  conferred  on  supreme  court 

in  certain  counties '. . .  24  78 

§  16     Special  county  judge  and  surrogate 1  79 

§  17     Justices  of  the  peace;  election,  term,  etc 1  79 

Removal  of  inferior  judicial  officers  and  their  clerks 8  79 

§  18     Inferior  local  courts ., 1  80 

§19     Clerks   of   courts '. 1  81 

§  20     Certain  judicial  officers  not  to  receive  fees 1  82 

What  judges  not  to  act  as  attorneys  or  referees 2  82 

What  judges  must  be  attorneys 9  82 

§  21     Publication  of  statutes  and  judicial  decisions 1  83 

§  22     Local  judicial  officers,  terms  not  abridged 1  83 

§  23     Courts  of  special  sessions 1  84 

ARTICLE  VH 

§  1     State  credit  limited 1  84 

§  2     State  debts,  power  to  contract 1  84 

Application  of  moneys 5  85 

f  3     Debts  for  state  defense 1  35 

§  4     Limitation  of  legislative  power  to  create  debts 1  86 

Submission  to  people  of  laws  creating  debts 9  86 

Manner  of  passage  of  such  laws  in  legislature 12  86 

Legislature's  power  over  debts  after  approval  by  people. .  16  86 


xvi                                  TABLE  OF  CONTENTS  [Part 

Constitution  —  Analysis  of  Sections 

ARTICLE  VII  —  Continued                          LINE  pAGE 

§  4     Tax  irrepealable   21  86 

Use  of  loan  restricted 27  86 

Kestrictions  on  submission  to  people 31  86 

Bond  issue  34  86 

Sinking   fund    39  86 

Alteration  of  interest  upon  state  debt 44  87 

Additional  tax  to  pay  increased  interest  and  principal 51  87 

§  5    Sinking  funds    1  S8 

Use  restricted 3  88 

§  6    Claims  barred  by  lapse  of  time 1  88 

§  7    Forest  preserve 1  89 

Use  of  forest  lands  for  reservoirs 6  89 

How  violations  restrained 26  89 

§  8     Certain  canals  not  to  be  sold;  exception 1  90 

Application  of  funds  derived  from  sale  or  lease  of  canals.  10  90 

§  9     Canal  tolls  prohibited 1  9] 

Legislature  to  provide  for  superintendence  and  repair  of 

canals 6  91 

Contracts  for  work  or  material;  cancellation  of  contracts. .  8  91 

§  10     Canal  improvement   1  92 

§  11     Payment  of  state  debts 1  92 

Sinking  funds 5  92 

§  12     Improvement  of  highways 1  93 

Limitation  of  debts 5  93 

Payment 7  93 

County  and  town  share  of  cost 12  93 

ARTICLE  VIII 

§  1     Corporations,   how  formed 1  94 

§  2     Dues   from    corporations 1  94 

§  3     Corporation ;  term  defined 1  95 

Actions  by  and  against  corporations 4  95 

§  4     Savings   bank   charters 1  95 

Restrictions  upon  trustees 6  95 

Special  charters  prohibited 12  95 

§  5    Specie  payments  not  to  be  suspended 1  96 

§  6    Bills  or  notes;  registry,  security 1  96 

§  7    Liability  of  bank  stockholders 1  96 

§  8     Bill  holders;  preference  in  bank  insolvency 1  97 

§  9     No  state  aid  to  corporations  or  private  undertakings 1  97 

Exception  as  to  education  and  support  of  defectives  and 

delinquents 3  97 

Exception  as  to  funds  for  educational  purposes 6  97 

§  10     Counties,  cities  and  towns  not  to  give  or  loan  money  or 

credit;   limitation   of  indebtedness 1  93 

§  11     State  board  of  charities 1  101 


I]                                  TABLE  OF  CONTENTS  xvii 
Constitution  —  Analysis  of  Sections 

ARTICLE   VIII  —  Continued                        LlNE  pAGE 

§  11     State  commission   in   lunacy 9  101 

State  commission  of  prisons 13  101 

§  12     Appointment  and  removal  of  commissioners 1  102 

§  13     Certain  state  institutions;  existing  laws  continued 1  102 

Visitation    and    inspection 5  103 

§  14     Defectives  and  delinquents;  state  and  local  education  and 

support 1  103 

Control  by  legislature 16  103 

§15     Commissioners   of    charities   and    of   lunacy    continued   in 

office;  additional  powers 1  104 

ARTICLE  IX 

$  1     Free    common    schools 1  104 

§  2     University  of  State  of  New  York 1  105 

Regents 5  105 

§  3     Educational   funds    1  105 

§  4    Denominational  schools  not  to  receive  state  aid 1  106 

ARTICLE  X 

§  1     Sheriffs,   county   clerks,   district   attorneys   and   registers; 

election,  term,  etc 1  107 

Removal  by  governor 14  107 

§  2  Election  or  appointment  of  officers  when  not  provided  for 

by  constitution 1  108 

§  3  Duration  of  office 1  109 

§  4  Time  of  elections;  legislature  to  fix 1  109 

§  5  Vacancies  in  office 1  109 

§  G  Political  year;  legislative  term 1  110 

§  7  Removals  from  office 1  110 

§  8  Vacancies;  when  legislature  may  determine 1  110 

§  9  Compensation  of  constitutional  officers 1  111 

ARTICLE  XI 

§  1     Militia,  how  constituted 1  111 

§  2     Enlistment 1  112 

§  3     Militia;   organization  and  maintenance 1  112 

§  4     Governor  to  appoint  certain  military  officers 1  113 

§  5     Other  military  officers,  how  chosen 1  113 

§  6     Commissioned  officers;  how  commissioned;  removal 1  114 

ARTICLE  XII 

§  1     Organization  of  cities  and  villages;  legislature  to  restrict 

certain  local  powers 1  115 

State,    county    and    municipal    employees;    regulation    by 

legislature 6  115 


XV111 


TABLE  OF  CONTENTS  [Part 


Constitution  —  Analysis  of  Sett  ions 


ARTICLE   XII  —  Continued                        LINE  pAGE 

§  2     Classification  of  cities 1  116 

General  and  special  city  laws.. 7  116 

Special  city  laws;  how  passed  by  legislature  and  accepted 

by  cities 12  116 

Passage  without  city's  acceptance 35  117 

Title  of  special  city  laws 41  1.17 

§  3     City  officers;  when  to  be  elected;  terms 1  117 

Exceptions 19  118 

ARTICLE  XIII 

§1     Oath  of  office 1  119 

§  2     Acceptance  of  bribe  by  public  officer  a  felony 1  120 

§  3     Offer  of  bribe  to  public  officer  a  felony 1  120 

Person  offering  bribe  not  privileged  from  testifying;  im- 
munity   4  120 

§  4     Defendant  in  bribery  case  may  testify  in  his  own  behalf. .  1  1-1 
§  5     Discrimination  in  favor  of  public  officers  in  transportation, 
telegraph  and  telephone  rates,  franking  privileges,  etc., 

prohibited;    penalties    1  121 

No  privilege  from  testifying;  immunity  granted 16  121 

§  6     Removal  of  district  attorney  for  failure  to  prosecute 1  122 

County  expense  in  bribery  prosecution  charge  against  state  5  122 

ARTICLE  XIV 

§  1     Constitutional  amendments;  passage  in  legislature 1  123 

Submission  to  and  ratification  by  people 12  123 

Time  of  taking  effect 17  123 

§  2     Submission  to  people  of  question  of  constitutional  conven- 
tion; election  of  delegates 1  124 

Convention;  time,  place,  etc 13  124 

Compensation  of  delegates 16  124 

Quorum 19  124 

Vote  on  amendments 20  124 

Officers,  employees,  rules,  etc 25  124 

Vacancies  among  delegates 31  124 

Submission  to  and  ratification  by  people  of  constitution 

or  amendments 37  125 

Time  of  taking  effect 45  125 

§  3     Amendments    coincidently    submitted   by    convention    and 

legislature 1  126 

ARTICLE  XV 

§  1     Constitution,  in  effect  when 1  127 

Supplemental  notes 129 

<"'• 153 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED 


PART  I 
TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED 


PART  I 
TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES1 


PREAMBLE 

1  We,  the  people  of  the  State  of  New  York,  grateful  to 

2  Almighty  God  for  our  freedom,  in  order  to  secure  its  bless- 

3  ings,  do  establish  this  Constitution. 

Source 

Const.  1821;  amended,  Const.  1846. 
Lincoln's  Constitutional  History 

For  historical  comment  on  the  preamble  to  the  New  York  Consti- 
tution, and  for  general  discussion  of  the  nature  of  a  constitution, 
its  purpose  and  the  principles  governing  its  construction,  with 
notes  on  court  decisions,  see  IV :  3-39. 
References  to  constitutional  conventions. 

1867.  11:289.     1894.  111:66. 
Debates  of  constitutional  conventions 
1867.  V:  3234-3239. 

1894.  1 : 1037-1052    (II :  545-552) ;   IV :  1099-1101    (VI :  2593-2594) . 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overture  No.  170.    See  also  Overture  No.  104. 


ARTICLE  I 

>er  of  this  State 
2    deprived  of  any  of  the  rights  or  privileges  secured  to  any  citi- 


1        Section  1.  No  member  of  this  State  shall  be  disfranchised,  or  s,ecKurlty  *n 

rights  and 


1  For  explanation ,  of  the  purpose  and  plan  of  Part  I  of  this  work,  and  of 
the  references  in  the  notes,  see  introductory  note. 

2  For  a  history  of  the  origin  and  development  of  the  constitutional  and 
statutory  provisions  which  constitute  the  bill  of  rights  in  this  state,  down  to 
1905,  see  Lincoln's  Constitutional  History,  1:715-743.    Most  of  the  constitu- 

[11 


YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  I,    §   2 


3  zen  thereof,  unless  by  the  law  of  the  land,  or  the  judgment  of 

4  his  peers. 

Source 

Const.  1777,  Art.  XIII;  amended,  Const.  1821,  Art.  VII,  §  1;  con- 
tinued without  change  in  Const.  1846,  Art.  I,  §  1. 
Lincoln's  Constitutional  History 

For  comment   on   this   section   and   court   decisions   construing   itr 

see  IV :  30-38. 
References  to  constitutional  conventions. 

1777.  1 :  522.     1846.  II :  109-110.     1867.  II :  293-294. 

Debates  of  constitutional  conventions 

1846.  453   (July  28);  537-543  (Aug.  6-7). 
1867.  V :  3530-3531,  3557-3558. 


*  §  2t  The  trial  bv  Jurv  in  a11  cases  in  whicb  Jt  has  keen  here- 

2  tofore  used  shall  remain  inviolate  forever;  but  a  jury  trial 

3  may  be  waived  by  the  parties  in  all  civil  cases  in  the  manner 

4  to  be  prescribed  by  law. 

Source 

Const.    1777,    Art.    XLI;    amended,    Const.    1821,    Art.    VII,    §    2; 

amended,  Const,  1846,  Art.  I,  §  2. 
Lincoln's  Constitutional  History 

For  history  of  this  section  and  court  decisions  construing  it,  see 

IV:  38-54. 
References  to  constitutional  conventions  and  commissions. 

1777.  1:547.      1846.  11:110.      1867.  11:290-291.      1872.  11:474. 

1894.  Ill :  67-68. 

Debates  of  constitutional  conventions 
1821.  169  (Sept.  17). 

1846.  543-550  (Aug.  7-8);  selection,  111-112  (June  17). 
1867.  1:265-266;  V:3552;  compensation  of  jurors,  V:  3263-3264; 

number  of  jurors,  V :  3239. 

1894.  Substitute  jurors,  1:778-781  (1:407-408);  unanimity  of  ver- 
dict, 1:761-778   (1:397-407),  1:781-802  (1:408-419). 


tional  provisions  are  found  in  this  article;  for  the  existing  statutory  pro- 
visions, see  the  civil  rights  law,  Laws  1909,  chapter  14,  constituting  chapter 
6  of  the  consolidated  laws. 

For  references  to  certain  subjects  coming  within  the  general  scope  of 
Article  I  but  not  relating  specifically  to  any  particular  section  thereof.  se« 
Supplemental  Notes  following  Article  XV,  post,  under  the  following  titles: 
Aliens,  Civil  process,  Fisheries,  Imprisonment,  Intoxicating  liquors,  Labor, 
Remedies,  Riot,  Test  oath,  Slavery,  Treason,  and  Women. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  3 

Article  I,  §  4 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:   see  Proposed  Constitu- 
tional  Amendments,   Overtures  Nos.   7,   17,   28,   36,  53,   75,  185 
(Int.  184). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  1-4. 

1  §  3.3  The  free  exercise  and  enjoyment  of  religious  profession  Religious 

2  and  worship,  without  discrimination  or  preference,  shall  for-  hl 

3  ever  be  allowed  in  this  State  to  all  mankind ;  and  no  person  competency 

4  shall  be  rendered  incompetent  to  be  a  witness  on  account  of  nines' 

5  his  opinions  on  matters  of  religious  belief ;  but  the  liberty  of  Abuse  <>« 

6  conscience  hereby  secured  shall  not  be  so  construed  as  to  ex- hl 

7  cuse  acts  of  licentiousness,  or  justify  practices  inconsistent 

8  with  the  peace  or  safety  of  this  State. 

Source 

Const.  1777,  Art.  XXXVIII;  amended,  Const.  1821,  Art.  VII,  8  3; 

amended,  Const.  1846,  Art.  I,  §  3. 
Lincoln's  Constitutional  History 

For  the  history  of  this  section  and  court   decisions  construing  it, 

see  IV :  54-65. 
References  to  constitutional  conventions. 

1777.  State  religion  prohibited,  1 : 541-545. 
1846.  Witnesses,  IV:  60. 
1867.  11:291. 
Debates  of  constitutional  conventions 

1821.  State  religion  prohibited,  462-464  (Oct.  17) ;  witnesses,  574- 
576  (Oct.  30) ;  Quakers  exempted  from  military  service,  577-580 
(Oct.  31). 

1846.  Witnesses,  550  (Aug.  8),  1054-1055  (Oct.  5). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitu- 
tional Amendments,  Overtures  Nos.  24,  36, 145,  213-413  (Int.  211). 

1  §  4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  Habeas 

2  suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the 

3  public  safety  may  require  its  suspension. 

Source 

Const.  1821,  Art.  VII,  §  6;  continued  without  change  in  Const.  1846, 
Art.  I,  §  4. 


3  For  references  relating  to  the  ineligibility  of  the  clergy  to  hold  office  in 
this  state,  see  'Supplementary  Notes  following  Article  XV,  post,  under  the 
title,  Office. 

For  exemptions  from  military  service,  see  also  the  notes  to  Art.  XI,  $  1, 
post. 


4  XEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  I,  §  5 

Lincoln's  Constitutional  History 

References  to  constitutional  conventions. 

1867.  Freedom  from  arbitrary  arrest,  II  :289. 
Debates  of  constitutional  conventions 

1867.  Freedom  from  arbitrary  arrests,  V:3239-3244, 


Excessive 
bail,   fine 
and  punish-  O 
ments;  de- 
tention of 
witnesses 


§  5.  Excessive  bail  shall  not  be  required  nor  excessive  fines 
imposed,  nor  shall  cruel  and  unusual  punishments  be  inflicted, 
3    nor  shall  witnesses  be  unreasonably  detained.4 


Source 

Const.  1846,  Art.  I,  §  5. 
Lincoln's  Constitutional  History 

For  the  history  of  this  section   and   court   decisions   construing  it, 

see  IV  :6.5-68. 

References  to  constitutional  conventions. 
1846.  Detention  of  witnesses,  11:114. 
1867.  Detention  of  witnesses,  11:294. 
Debates  of  constitutional  conventions 

1867.  Detention  of  witnesses,  V:3321-3327,  3539-3541. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  203   (Int.  201),  315   (Int.  309). 


Rights  of 
accused  in 
criminal 
actions 


Due   process 
of  law 


Eminent 
domain 


1  §  6.  No  person  shall  be  held  to  answer  for  a  capital  or 

2  otherwise  infamous  crime  (except  in  cases  of  impeachment, 

3  and  in  cases  of  militia  when  in  actual  service,  and  the  land 

4  and  naval  forces  in  time  of  war,  or  which  this  State  may  keep 

5  with  the  consent  of  Congress  in  time  of  peace,  and  in  cases  of 

6  petit  larceny,  under  the  regulation  of  the  Legislature),  un- 

7  less  on  presentment  or  indictment  of  a  grand  jury,  and  in  any 

8  trial  in  any  court  whatever  the  party  accused  shall  be  allowed 

9  to  appear  and  defend  in  person  and  with  counsel  as  in  civil 

10  actions.    No  person  shall  be  subject  to  be  twice  put  in  jeop- 

11  ardy  for  the  same  offense;  nor  shall  he  be  compelled  in  any 

12  criminal  case  to  be  a  witness  against  himself ;  nor  be  deprived 

13  of  life,  liberty  or  property  without  due  process  of  law;  nor 

14  shall  private  property  be  taken  for  public  use  without  just 

15  compensation.5 

Source 

Const.  1821,  Art.  VII,  §  7;  amended,  Const.  1846,  Art.  I,  §  6. 


4  For  references  to  the  subject  of  capital  punishment,  see  'Supplemental 
Notes  following  Article  XV,  post,  under  that  title. 

s  For  notes  relating  to  the  last  clause  of  this  section  (eminent  domain), 
see  Art.  I,  §  7,  post. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  5 

Article  I,  §  7 

Lincoln's  Constitutional  History 

For  history  of  this  section  and  court  decisions  construing  it,  see 
IV  :69-135.  In  particular,  see  pages  91-100  for  statutes  which  have 
been  held  by  the  courts  not  to  violate  the  "  due  process  of  law  " 
clause  of  the  Constitution,  and  pages  100-112  for  statutes  ^which 
have  been  held  by  the  courts  to  be  contrary  to  this  provision. 
References  to  constitutional  conventions. 

1777.  1:539-540.     1867.  11:291-292.     1894.  111:68-69. 
Debates  of  constitutional  conventions 

1821.  163-167  (Sept.  17).    1867.  V:3244-3247,  3541-3544. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  58-449  (Int.  58),  76,  96,  120-389  (Int. 

120),  191  (Int.  190),  236  (Int.  234),  263-412  (Int.  261),  282  (Int. 

280),  319  (Int.  311),  352  (Int.  343),  379  (Int.  367),  414  (Int.  380). 

In  the  legislature,  1895-1914,  see  Part  II,  post,  pp.  4-7. 


1  §  7.  When  private  property  shall  be  taken  for  any  public  Eminent 

2  use,  the  compensation  to  be  made  therefor,  when  such  com- 

3  pensation  is  not  made  by  the  state,  shall  be  ascertained  by  a 

4  jury,  or  by  the  supreme  court  with  or  without  a  jury,  but  not 

5  with  a  referee,  or  by  not  less  than  three  commissioners  ap- 

6  pointed  by  a  court  of  record,  as  shall  be  prescribed  by  law. 

7  Private  roads  may  be  opened  in  the  manner  to  be  prescribed  private 

8  by  law ;  but  in  every  case  the  necessity  of  the  road  and  the  r° 

9  amount  of  all  damage  to  be  sustained  by  the  opening  thereof 

10  shall  be  first  determined  by  a  jury  of  freeholders,  and  such 

11  amount,  together  with  the  expenses  of  the  proceeding,  shall 

12  be  paid  by  the  person  to  be  benefited.    General  laws  may  be  Drainage 

13  passed  permitting  the  owners  or  occupants  of  agricultural  turai  lands 

14  lands  to  construct  and  maintain  for  the  drainage  thereof, 

15  necessary  drains,  ditches  and  dykes  upon  the  lands  of  others, 

16  under  proper  restrictions  and  with  just  compensation,  but  no 

17  special  laws  shall  be  enacted  for  such  purposes. 

18  The  legislature  may  authorize  cities  to  take  more  land  Excess  con- 

19  and  property  than  is  needed  for  actual  construction  in  the 

20  laying  out,  widening,  extending  or  relocating  parks,  public 

21  places,  highways  or  streets ;  provided,  however,  that  the  ad- 

22  ditional  land  and  property  so  authorized  to  be  taken  shall  be 

23  no  more  than  sufficient  to  form  suitable  building  sites  abut- 

24  ting  on  such  park,  public  place,  highway  or  street.    After  so 


6  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  I,  §  8 

25  much  of  the  land  and  property  has  been  appropriated  for 

26  such  park,  public  place,  highway  or  street  as  is  needed  there- 

27  for,  the  remainder  may  be  sold  or  leased. 

Source 

Const.  1846,  Art.  I,  §  7;  amended,  Const.  1894,  Art.  I,  §  7;  amended, 

1913.6 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV  :136-141 ;  for  court 

decisions  on  the  subject  of  eminent  domain,  see  IV:125-135. 
References  to  constitutional  conventions  and  commissions. 
1846.  11:188. 
1867.  Agricultural   drains,   11:292;   condemnation   by   railroads, 

nature  of  title  taken,  II  :292, 

1872.  Compensation,  11:475;  agricultural  drains,  11:476-477. 
1894.  Appraisal,  111:69-70;  agricultural  drains,  111:31-33. 
Debates  of  constitutional  conventions 

1846.  Condemnation,  appraisal,  118  (June  19) ;  condemnation,  special 

laws,  983-984  (Sept.  26). 

1867.  Condemnation,  appraisal,  V:3247-3254;  private  roads  and  agri- 
cultural drains,  V:3254-3257,  3544-3549;  condemnation  by  rail- 
roads, nature  of  title  taken,  V:3254. 

1894.  Condemnation,  appraisal,  1:807-830   (1:423-435);  11:627-637 
(11:962-967) ;  11:639-669  (11:969-985) ;  11:672-679  (11:988-992) ; 
agricultural    drains,    IV:847-856    (V:2445-2450) ;    IV:1047-1063 
(VI:  2562-2592). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,   Overtures  Nos.  15,  133,  141,  230    (Int.  228),  333- 
420  (Int.  325),  335-417  (Int.  327),7  385-426  (Int.  364). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  7-13. 


Liberty  of     1  §  8.  Every  citizen  may  freely  speak,  write  and  publish  his 

2  sentiments  on  all  subjects,  being  responsible  for  the  abuse  of 

3  that  right;  and  no  law  shall  be  passed  to  restrain  or  abridge 

4  the  liberty  of  speech  or  of  the  press.    In  all  criminal  prosecu- 

5  tions  or  indictments  for  libels,  the  truth  may  be  given  in  evi- 

6  dence  to  the  jury ;  and  if  it  shall  appear  to  the  jury  that  the 

7  matter  charged  as  libelous  is  true,  and  was  published  with 

8  good  motives  and  for  justifiable  ends,  the  party  shall  be 


s  For   legislative   history   of   this    amendment   and   action   of   the   people 
thereon,  see  Part  II,  post,  p.  9. 

.  7  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  7 

Article  I,  §  9 

9    acquitted ;  and  the  jury  shall  have  the  right  to  determine  the 
10    law  and  the  fact. 

Source 

Const.  1821,  Art.  VII,  §  8 ;  amended,  Const.  1846,  Art.  I,  §  8. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:141-144. 
References  to  constitutional  conventions. 

1894.  Libel,  costs,  111:72. 
Debates  of  constitutional  conventions 

1821.  Libel,  truth  and  motive,  167-169  (Sept.  17);  function  of  jury, 

487-496  (Oct.. 20). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  240  (Int.  238). 


1  §  9.  No  law  shall  be  passed  abridging  the  right  of  the  people 

2  peaceably  to  assemble  and  to  petition  the  government,  or  any 

3  department  thereof;  nor  shall  any  divorce8  be  granted  other-  Divorce 

4  wise  than  by  due  judicial  proceedings ;  nor  shall  any  lottery  or  Gambling 

5  the  sale  of  lottery  tickets,  pool-selling,  book  making,  or  any 

6  other  kind  of  gambling  hereafter  be  authorized  or  allowed 

7  within  this  State;  and  the  Legislature  shall  pass  appropriate 

8  laws  to  prevent  offenses  against  any  of  the  provisions  of  this 

9  section. 

Source 

Const.  1846,  Art.  I,  §  10   (except  that  lotteries  were  prohibited  by 

Const.  1821,  Art.  VII,  §.11);  amended,  Const.  1894,  Art.  I,  §  9. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:144-147. 

For  historical  sketch  of  the  constitutional  and  statutory  provisions  in 
this  colony  and  state  relating  to  gambling  (with  special  reference  to 
lotteries)  from  1721  to  1894,  together  with  historical  comments  on 
other  aspects  of  this  subject,  see  III : 33-52. 

References  to  constitutional  conventions. 
1821.  1:217,  750.     1894.  111:47-52. 
Debates  of  constitutional  conventions 

1821.  Right  to  assemble  and  petition,  170  (Sept.  17);  lotteries  pro- 
hibited, 461  (Oct.  17),  566-572  (Oct.  30). 

1894.  Gambling,  IV:971-979  ( VI: 2517-2522 );  IV:1079-1088  (VI: 
2581-2585);  IV:1110-1131  (VI:2599-2610). 


s  For  causes  for  divorce,  see  Supplementary  Notes  following  Article  XV, 
post,  under  the  title  Divorce. 


8  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  I,  §  10 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  196   (Int.  195),  222   (Int.  220),  232 

Int.  230),  425  (Int.  384 ).9 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  13-14. 


sovereignty  1  §  10.  The  people  of  this  State,  in  their  right  of  sovereignty, 

2  are  deemed  to  possess  the  original  and  ultimate  property  in 

Escheat      3  and  to  all  lands  within  the  jurisdiction  of  the  State;  and  all 

4  lands  the  title  to  which  shall  fail,  from  a  defect  of  heirs,  shall 

5  revert,  or  escheat  to  the  people.10 

Source 

Const.  1846,  Art.  I,  §  11 ;  continued  without  change  in  Const.  1894, 

Art.  I,  §  10. 
Lincoln's  Constitutional  History 

For  comment  on  this  section  and  court  decisions  construing  it,  see 

IV  :147-149,  408,  437. 


1  §  11.  All  feudal  tenures  of  every  description,  with  all  their 

2  incidents,  are  declared  to  be  abolished,  saving  however,  all 

3  rents  and  services  certain  which  at  any  time  heretofore  have 

4  been  lawfully  created  or  reserved.11 

Source 

Const.  1846,  Art.  I,  §  12;  continued  without  change  in  Const.  1894, 

Art.  I,  §  11. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV  :149. 
References  to  constitutional  conventions. 

1846.  11:115-118. 
Debates  of  constitutional  conventions 

1846.  1051-1052  (Oct.  3),  1062   (Oct.  6).     1867.  V:3550-3552. 


1  §  12.  All  lands  within  this  State  are  declared  to  be  allodial, 

2  so  that,  subject  only  to  the  liability  to  escheat,  the  entire  and 


9  This  overture  was  adopted  by  the  convention  and  .accordingly  became  a 
part  of  the  Constitution. 

10  For   the   subjects   of   title   to   lands  by   aliens   and   the   prohibition   of 
private  bills  releasing  escheated  lands,  see  Supplemental   Notes  following 
Article  XV,  post,  under  the  titles,  Aliens  and  Bills. 

For  the  history  of  the  events  which  led  to  the  introduction  of  this  section 
into  the  Constitution,  see  the  notes  to  Art.  I,  $  13,  post. 

11  For  a  history  of  the  events  which  led  to  the  introduction  of  this  section 
into  the  Constitution,  see  the  notes  to  Art.  I,  §  13,  post. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  IS"OTES  9 

Article  I,  §  14 

3  absolute  property  is  vested  in  the  owners,  according  to  the 

4  nature  of  their  respective  estates.12 

Source 

Const.  1846,  Art.  I,  §  13;  continued  without  change  in  Const.  1894, 

Art.  I,  §  12. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:150. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  97. 

1  §  13.  No  lease  or  grant  of  agricultural  land,  for  a  longer  Leases  of 

2  period  than  twelve  years,  hereafter  made,  in  which  shall  be  re-  £csult' 

3  served  any  rent  or  service  of  any  kind,  shall  be  valid. 

Source 

Const.  1846,  Art.  I,  §  14;  continued  without  change  in  Const.  1894, 

Art.  I,  §  13. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:150-152. 
For  a  history  of  the  events  which  led  to  the  introduction  of  this  sec- 
tion, and  also  of  sections  10-12  of  this  Article,  into  the  Constitu- 
tion, see  11:10-27. 
References  to  constitutional  conventions. 

1846.  11:115-118. 
Debates  of  constitutional  conventions 

1846.  1052-1053  (Oct.  3),  1062-1063  (Oct.  6). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  12,  107,  186  (Int.  185). 

1  §  14.  All  fines,  quarter  sales,  or  other  like  restraints  upon  Restraints 

2  alienation,  reserved  in  any  grant  of  land  hereafter  to  be  made,  Sifpro1- 

3  shall  be  void.11 


hibited 


Source 

Const.  1846,  Art.  I,  §  15;  continued  without  change  in  Const.  1894, 

Art.  I,  §  14. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:152. 


12  For  a  history  of  the  events  which  led  to  the  introduction  of  this  section 
into  the  Constitution,  see  the  notes  to  Art.  I,  §  13,  post. 

For  suggested  prohibition  of  private  bills  releasing  escheated  lands,  see 
Supplemental  Notes  following  Article  XV,  post,  under  the  title  Bills. 

is  For  references  to  provisions  regulating  the  transfer  of  title  to  real 
property,  see  Supplemental  Notes  following  Article  XV,  post,  under  the 
title  Real  property. 


transactions 


10  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  I,  §   15 

land  i        §  15.  No  purchase  or  contract  for  the  sale  of  lands  in  this 

tions  °  r 

2  State,  made  since  the  fourteenth  day  of  October,  one  thousand 

3  seven  hundred  and  seventy-five;  or  which  may  hereafter  be 

4  made,  of,  or  with  the  Indians,  shall  be  valid,  unless  made  under 

5  the  authority,  and  with  the  consent  of  the  Legislature. 

Source 

Const.  1777,  Art.  XXXVII;  amended,  Const.  1821,  Art.  VII,  §  12; 
amended,  Const.  1846,  Art.  I,  §  16;  continued  without  change  in 
Const.  1894,  Art.  I,  §  15. 
Lincoln's  Constitutional  History 

For  court  decisions  relating  to  Indian  lands,  see  IV  :47,  149,  239,  282, 

316. 
For  history  of  the  relations  between  the  Indians  and  the  state  from 

1626  to  1875,  see  111:392,  and  IV:152-174. 
References  to  constitutional  conventions. 

1867.  Relations  of  Indians  to  the  state,  II  :3S9-390. 
Debates  of  constitutional  conventions 

1867.  Indian  reservations,  IV  :2925-2926,  2881;  V:3435-3448. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  244  (Int.  242). 


Existing       1        §  16.  Such  parts  of  the  common  law,  and  of  the  acts  of  the 

2  Legislature  of  the  colony  of  New  York,  as  together  did  form 

3  the  law  of  the  said  colony,  on  the  nineteenth  day  of  April, 

4  one  thousand  seven  hundred  and  seventy  five,  and  the  resolu- 

5  tions  of  the  Congress  of  the  said  colony,  and  of  the  convention 

6  of  the  State  of  New  York,  in  force  on  the  twentieth  day  of 

7  April,  one  thousand  seven  hundred  and  seventy-seven,  which 

8  have  not  since  expired,  or  been  repealed  or  altered ;  and  such 

9  acts  of  the  Legislature  of  this  State  as  are  now  in  force,  shall 

10  be  and  continue  the  law  of  this  State,  subject  to  such  altera- 

11  tions  as  the  Legislature  shall  make  concerning  the  same. 

12  But  all  such  parts  of  the  common  law,  and  such  of  the  said 

13  acts,  or  parts  thereof,  as  are  repugnant  to  this  Constitution, 

14  are  hereby  abrogated. 

Source 

Const.  1777,  Art.  XXXV;  amended,  Const.  1821,  Art.  VII,  §  13; 
amended,  Const.  1846,  Art.  I,  §  17;  amended,  Const.  1894,  Art.  I, 
§16. 


state 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  11 

Article  I,  §   18 

Lincoln's  Constitutional  History 

For  history  of  this  section  and  court  decisions  construing  it,  see  IV: 

175-178. 
References  to  constitutional  conventions. 

1777.  1:540-541. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  36,  86-429  (Int.  86 ),14  167,  415  (Int.  381). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  14-15. 


§  17.  All  grants  of  land  within  this  State,  made  by  the  king  £;*• 

2  of  Great  Britain,  or  persons  acting  under  his  authority,  after 

3  the  fourteenth  day  of  October,  one  thousand  seven  hundred 

4  and  seventy-five,  shall  be  null  and  void;  but  nothing  con- 

5  tained  in  this  Constitution  shall  affect  any  grants  of  land 

6  within  this  State,  made  by  the  authority  of  the  said  king  or 

7  his  predecessors,  or  shall  annul  any  charters  to  bodies  politic 

8  and  corporate,  by  him  or  them  made,  before  that  day;  or 

9  shall  affect  any  such  grants  or  charters  since  made  by  this 

10  State,  or  by  persons  acting  under  its  authority;  or  shall  im- 

11  pair  the  obligation  of  any  debts  contracted  by  the  State,  or  f 

12  individuals,  or  bodies  corporate,  or  any  other  rights  of  prop- 

13  erty,  or  any  suits,  actions,  rights  of  action,  or  other  proceed-  prei 

14  ings  in  courts  of  justice. 

Source 

Const.  1777,  Art.  XXXVI;  amended,  Const.  1821,  Art.  VII,  §  14; 
continued  without  change  in  Const.  1846,  Art.  I,  §  18,  and  in  Const. 
1894,  Art.  I,  §  17. 
Lincoln's  Constitutional  History 

For  comment  on  this  section  and  court  decisions  construing  it,  see  IV : 

178-179. 
References  to  constitutional  conventions. 

1846.  Royal  grants  and  charters,  II :  114-115. 
Debates  of  constitutional  conventions 

1846.  Royal  city  charters,  117-118   (June  19),  160-163    (June  25); 
royal  grants,  139-140  (June  23),  160-163  (June  25). 

1  §  18.   The  right  of  action  now  existing  to  recover  damages  Damages 

2  for  injuries  resulting  in  death,  shall  never  be  abrogated;  and'" 

i*  This  overture  was  adopted  by  the  convention  and  accordingly  becaim 
a  part  of  the  Constitution. 


death 


12  XEW  YOKK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  I,  §   19 


3  the  amount  recoverable  shall  not  be  subject  to  any  statutory 

4  limitation. 

Source 

Const.  1894,  Art.  I,  §  18. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:179. 

For  historical  statement  relative  to  the  action  to  recover  damages  for 

injuries  resulting  in  death,  see  III  :57-60. 
References  to  constitutional  conventions. 

1894.  Limitation  of  damages,  III : 60-65. 
Debates  of  constitutional  conventions 

1894.  Right  of  action,  11:55-56  (11:651);  limitation  of  damages,  I: 
1101-1130    (11:581-595);    11:603-626    (11:947-962);    IV:401-414 
(V:2189-2195). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  192-380  (Int.  191  ),15  347  (Int.  338). 

workmen's     1  §  19.  Nothing  contained  in  this  constitution  shall  be  con- 

uo^P  n         2  strued  to  limit  the  power  of  the  legislature  to  enact  laws  for 

3  the  protection  of  the  lives,  health,  or  safety  of  employees ;  or 

4  for  the  payment,  either  by  employers,  or  by  employers  and 

5  employees  or  otherwise,  either  directly  or  through  a  state  or 

6  other  system  of  insurance  or  otherwise,  of  compensation  for 

7  injuries  to  employees  or  for  death  of  employees  resulting 

8  from  such  injuries  without  regard  to  fault  as  a  cause  thereof, 

9  except  where  the  injury  is  occasioned  by  the  willful  inten- 

10  tion  of  the  injured  employee  to  bring  about  the  injury  or 

11  death  of  himself  or  of  another,  or  where  the  injury  results 

12  solely  from  the  intoxication  of  the  injured  employee  while  on 

13  duty;  or  for  the  adjustment,  determination  and  settlement, 

14  with  or  without  trial  by  jury,  of  issues  which  may  arise  under 

15  such  legislation ;  or  to  provide  that  the  right  of  such  compen- 

16  sation,  and  the  remedy  therefor  shall  be  exclusive  of  all  other 

17  rights  and  remedies  for  injuries  to  employees  or  for  death  re- 

18  suiting  from  such  injuries ;  or  to  provide  that  the  amount  of 

19  such  compensation  for  death  shall  not  exceed  a  fixed  or  de- 

20  terminable  sum;  provided  that  all  moneys  paid  by  an  em- 

21  ployer  to  his  employees  or  their  legal  representatives,  by 


is  This  overture  in  its  final  form  is  not  included  in  the  Proposed  Constitu- 
tional Amendments.  It  will  be  found,  however,  in  the  Kevised  Kecord,  vol. 
4,  at  p.  403. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  13 

Article  II,  §  1 

22  reason  of  the  enactment  of  any  of  the  laws  herein  authorized, 

23  shall  be  held  to  be  a  proper  charge  in  the  cost  of  operating 

24  the  business  of  the  employer. 

Source 

Amendment  of  1913.16 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  52,  448   (Int.  52-130). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  15-17. 

ARTICLE  II1 

1  Section  1.    Every  male  citizen  of  the  age  of  twenty-one 

2  years,  who  shall  have  been  a  citizen  for  ninety  days,  and  an  voters 

3  inhabitant  of  this  State  one  year  next  preceding  an  election, 

4  and  for  the  last  four  months  a  resident  of  the  county  and  for 

5  the  last  thirty  days  a  resident  of  the  election  district  in  which 

6  he  may  offer  his  vote,  shall  be  entitled  to  vote  at  such  election 

7  in  the  election  district  of  which  he  shall  at  the  time  be  a  resi- 

8  dent,  and  not  elsewhere,  for  all  officers  that  now  are  or  here- 

9  after  may  be  elective  by  the  people;  and  upon  all  questions 

10  which  may  be  submitted  to  the  vote  of  the  people,  provided  s°norrvote 

11  that  in  time  of  war  no  elector  in  the  actual  military  service  ln  war  time 

12  of  the  State,  or  of  the  United  States,  in  the  army  or  navy 

13  thereof,  shall  be  deprived  of  his  vote  by  reason  of  his  absence 

14  from  such  election  district;  and  the  Legislature  shall  have 

15  power  to  provide  the  manner  in  which  and  the  time  and  place 

16  at  which  such  absent  electors  may  vote,  and  for  the  return 

17  and  canvass  of  their  votes  in  the  election  districts  in  which 

18  they  respectively  reside. 

Source 

Const.  1777,  Art.  VII ;  amended,  Const.  1821,  Art.  II,  §  1 ;  amended 
in  1826  ;2  amended,  Const.  1846,  Art.  II,  §  1;  amended  in  18643  and 
in  1874;  amended,  Const.  1894,  Art.  II,  §  1. 


is  For  legislative  history  of  this  amendment  and  action  of  the  people 
thereon,  see  Part  II,  post,  pp.  15-16. 

1  For  references  to  certain  subjects  coming  within  the  general  scope  of 
Article  II  but  not  relating  specifically  to  any  particular  section  thereof,  see 
Supplemental  Notes  following  Article  XV,  post,  under  the  following  titles: 
Campaign  expenses,  Office,  Suffrage. 

2  For  text  of  the  constitutional  amendment  of  1826,  see  Lincoln's  Con- 
stitutional History,  I:  222. 

s  For  text  of  the  constitutional  amendment  of  1864  adding  the  provision 
relating  to  the  right  of  soldiers  to  vote  while  absent  from  home,  see  Lincoln 's 
Constitutional  History,  I:  311.  For  history  of  the  movement  leading  up  to 
this  constitutional  amendment  and  the  legislation  in  connection  with  this 
subject,  see  Lincoln,  II:  235-240. 


14  XEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  II,  §   1 


Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:180-185. 
For  a  discussion  of  the  meaning  of  the  term  "  suffrage,"  and  a  history 
of  the  limitations  upon  the  right  of  suffrage  in  this  state  down  to 
and  under  the  Constitution  of  1821,  see  1:640-668.  For  special 
reference  to  the  limitations  upon  the  right  to  vote  for  senators,  see 
1 :643-652,  and  to  the  limitations  upon  the  colored  vote,  see  1 :652- 
666. 

For  a  discussion  of  the  qualifications  of  voters  on  questions  submitted, 
including  the  history  of  the  constitutional  amendment  of  1874  add- 
ing the  words  "  and  upon  all  questions  which  may  be  submitted  to 
the  vote  of  the  people,"  see  II  :480-481,  and  IV  :185-191. 
For  history  of  woman  suffrage  in  this  state  from  1848  to  1905,  see 

II  :305-314. 
References  to  constitutional  conventions  and  commissions. 

1821.  Qualifications  generally,  1:666-667;   of  colored  voters,  I: 

661-667;  of  voters  for  senators,  643-652. 

1846.  Citizenship,  11:123-125;  color,  11:119-123,  212-213;  edu- 
cational qualifications,  11:125-126;  residence,  11:125. 
1867.  Qualifications    generally,    11:294-301;    age,    11:295,    301; 
citizenship,  11:303;  color,  314-317;  educational  qualifications, 
11:304-305;    on   questions   submitted,   IV:185-191;   residence, 
II  :301-303 ;  woman  suffrage,  II  :305-314. 
1872.  On  questions  submitted,  II  :480-481. 
1894.  Citizenship,  111:74-80;  woman  suffrage,  111:80-84. 
Debates  of  constitutional  conventions 

1821.  Qualifications  generally,  178-183  (Sept.  19);  color,  183-202 
(Sept.  19-20),  364-365  (Oct.  6),  369-370  (Oct.  6),  374-377  (Oct. 
8);  military  service,  210-214  (Sept.  21),  271-287  (Sept.  26-28); 
property,  357-364  (Oct.  6),  676  (Appendix);  residence,  210-214 
(Sept.  21);  for  voters  for  senators,  215-231  (Sept.  22),  234-270 
(Sept.  24-25) ;  paying  highway  tax,  366-368  (Oct.  6) ;  working  on 
highways,  271-287  (Sept.  26-28). 

1846.  Qualifications  generally,  81-85  (June  11),  1013-1020  (Sept. 
30) ;  citizenship,  81-85  (June  11) ;  color,  1026-1036  (Oct.  1),  1042- 
1043  (Oct.  2),  1045-1048  (Oct.  2),  1078-1079  (Oct.  9) ;  educational 
qualifications,  1066  (Oct.  6);  naturalization,  105-106  (June  15); 
residence,  1036-1037,  1043-1045  (Oct.  1-2). 

1867.  Qualifications  generally,  1:199-214,  219-232,  513-514,  517-519; 
age,  1:489-491,  540-541;  citizenship,  1:531-533,  542-543,  546; 
color,  1:235-249,  253-264,  266-283,  290-302,  310-348,  380-391, 
417-427,  453-454,  462-465,  496-501,  528-531,  542;  educational 
qualifications,  1:491-496,  549-550,  V:3560-3561,  3563-3564;  paying 
poll  tax,  111:1946-1947;  on  questions  submitted,  1:548-549;  resi- 
dence, 1:533-536;  woman  suffrage,  1:126-127,  364-391,  427-444, 
454-462,  465-470,  537-540,  547,  V:3562-3563. 

1894.  Qualifications  generally,  11:165-166  (11:713),  IV:461-478  (V: 
2220-2229);  citizenship,  1:618-637  (1:319-329),  111:933-941  (IV: 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  15 

Article  II,  §  2 

1800-1805);   woman  suffrage,  1:6    (1:7),  11:45-47   (11:647-648), 

193-223    (11:727-743),   268-303    (11:769-788),   405^46    (11:843- 

865),  491-552  (11:887-925). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  8-401  (Int.  8),  21,  31,  45,  57,  60,  100- 

400  (Int.  100),*  106,  118,  121,  143,  150,  177  (Int.  176),  195  (Int. 

194),  224  (Int.  222),  226  (Int.  224),  234  (Int.  232),  301  (Int.  297), 

340  (Int.  331). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  19-26.5 


1  §  2.  No  person  who  shall  receive,  accept,  or  offer  to  receive, 

excluded 

2  or  pay,  offer  or  promise  to  pay,  contribute,  offer  or  promise  from  right 

3  to  contribute  to  another,  to  be  paid  or  used,  any  money  or  °f 

4  other  valuable  thing  as  a  compensation  or  reward  for  the 

5  giving  or  withholding  a  vote  at  an  election,  or  who  shall  make 

6  any  promise  to  influence  the  giving  or  withholding  any  such 

7  vote,  or  who  shall  make  or  become  directly  or  indirectly  in- 

8  terested  in  any  bet  or  wager  depending  upon  the  result  of 

9  any  election,  shall  vote  at  such  election;  and  upon  challenge 

10  for  such  cause,  the  person  so  challenged,  before  the  officers 

11  authorized  for  that  purpose  shall  receive  his  vote,  shall  swear 

12  or  affirm  before  such  officers  that  he  has  not  received  or 

13  offered,  does  not  expect  to  receive,  has  not  paid,  offered  or 

14  promised  to  pay,  contributed,  offered  or  promised  to  con- 

15  tribute  to  another,  to  be  paid  or  used,  any  money  or  other 

16  valuable  thing  as  a  compensation  or  reward  for  the  giving  or 

17  withholding  a  vote  at  such  election,  and  has  not  made  any 

18  promise  to  influence  the  giving  or  withholding  of  any  such 

19  vote,  nor  made  or  become  directly  or  indirectly  interested  in 

20  any  bet  or  wager  depending  upon  the  result  of  such  election. 

21  The  Legislature  shall  enact  laws  excluding  from  the  right  of 

22  suffrage  all  persons  convicted  of  bribery  or  of  any  infamous 

23  crime. 

Source 

Const.  1821,  Art.  II,  §  2 ;  amended,  Const.  1846,  Art.  II,  §  2 ;  amended, 
1874  ;5a  amended,  Const.  1894,  Art.  II,  §  2. 


*  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

s  For  the  text  of  the  woman  suffrage  amendment  passed  by  the  legislature 
in  1913  and  1915,  see  Part  II,  post,  pp.  18-19. 

sa  For  text  of  the  constitutional  amendment  of  1874,  see  Lincoln's  Con- 
stitutional History,  1:296-297. 


16  NEW  YOBK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  II,  §  3 

Lincoln's  Constitutional  History 

References  to  constitutional  conventions  and  commissions. 
1867.  Disqualifications,  II  :303-304. 
1872.  Bribery  at  elections,  II  :481-482, 
1894.  Bribery,  generally  and  at  elections,  III  :84-85. 
Debates  of  constitutional  conventions 

1867.  Disqualifications,   1:136,   470-485,   487-489,   515-517,   547-551, 
555-568;  bribery,  generally,  1:501-508;  bribery  at  elections,  1:501- 
508;    V:3565-3569;    deserters,    1:519-527,    562-563;    idiots    and 
lunatics,  1:559-560;  rebels,  1:519-527,  553-554. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  29,  157. 


*        §3.  For  the  purpose  of  voting,  no  person  shall  be  deemed 

2  to  have  gained  or  lost  a  residence,  by  reason  of  his  presence  or 

3  absence,  while  employed  in  the  service  of  the  United  States; 

4  nor  while  engaged  in  the  navigation  of  the  waters  of  this  State, 

5  or  of  the  United  States,  or  of  the  high  seas ;  nor  while  a  student 

6  of  any  seminary  of  learning ;  nor  while  kept  at  any  alms-house, 

7  or  other  asylum,  or  institution  wholly  or  partly  supported  at 

8  public  expense,  or  by  charity ;  nor  while  confined  in  any  public 

9  prison. 

Source 

Const.  1846,  Art.  II,  §  3 ;  amended,  Const.  1894,  Art.  II,  §  3. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  1V:192-195. 

For  cause  of  the  amendment  to  this  section  made  by  the  Constitution 

of  1894,  see  III  :85-87. 
References  to  constitutional  conventions. 

1894.  111:85-91. 

Debates  of  constitutional  conventions 
1867.  1:568-570;  V:3569-3570. 

1894.11:866-884    (111:1094-1103);   IV:416-420    (V:2196-2198). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,   Overtures  Nos.   119-399    (Int.  119 ),6  138.  159,  251 
(Int.  249),  343  (Int.  334). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  27-28. 


6  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  17 

Article  II,  §  5 

1  §  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs, 

2  the  citizens  who  shall  be  entitled  to  the  right  of  suffrage 

3  hereby  established,  and  for  the  registration  of  voters ;  which 

4  registration  shall  be  completed  at  least  ten  days  before  each 

5  election.    Such  registration  shall  not  be  required  for  town  and 

6  village  elections  except  by  express  provision  of  law.    In  cities 

7  and  villages  having  five  thousand  inhabitants  or  more,  ac- 

8  cording  to  the  last  preceding  state  enumeration  of  inhab- 

9  itants,  voters  shall  be  registered  upon  personal  application 

10  only;  but  voters  not  residing  in  such  cities  or  villages  shall 

11  not  be  required  to  apply  in  person  for  registration  at  the  first 

12  meeting  of  the  officers  having  charge  of  the  registry  of  voters. 

Source 

Const.  1821,  Art.  II,  §  3;  continued  without  change  in  Const.  1846, 
Art.  II,  §  4;  amended,  Const.  1894,  Art.  II,  §  4. 

Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:195-196. 

For  historical  statement  relative  to  the  requirement  of  registration  of 

voters  in  this  state  from  1821  to  1894,  see  III  :91-102. 
References  to  constitutional  conventions. 

1821.  1:667-668.    1867.  11:296,  304.    1894.  111:102-108. 
Debates  of  constitutional  conventions 

1821.  203-204  (Sept.  20),  370-374  (Oct.  8). 

1867.  1:508-513,  570-605,  616-624;  V:3570-3585. 

1894,  111:942-950  (IV:1805-1S09) ;  IV:99-122  (V:2032-2044) ;  IV: 

716-724    (V:2366-2371). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  64-316  (Int.  64),  109,  187  (Int.  136), 
241  (Int.  239),  255-402  (Int.  253 ),7  291  (Int.  287),  334  (Int.  326). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  28-32. 


1  §  5.  All  elections  by  the  citizens,  except  for  such  town  offi-  Jf0at££r  of 

2  cers  as  may  by  law  be  directed  to  be  otherwise  chosen,  shall  be 

3  by  ballot,  or  by  such  other  method  as  may  be  prescribed  by 

4  law,  provided  that  secrecy  in  voting  be  preserved. 

Source 

Const.  1777,  Art.  VI;  amended,  Const.  1821,  Art.  II,  §  4;  continued 
without  change  in  Const.  1846,  Art.  II,  §  5;  amended,  Const.  1894, 
Art.  II,  §  5. 


7  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


18  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  II,  §  6 

Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV  :196. 

For  historical  statement  on  the  method  of  voting  in  this  state  from 

1777  to  1894,  see  1:667-668,  and  111:108-109. 
References  to  constitutional  conventions. 

1777.  1:507-514,  667.     1821.  668.     1894.  111:108-114. 
Debates  of  constitutional  conventions 
1821.  205-206  (Sept.  21). 
1867.  1:605-606. 
1894.  1:917-928  (1:484-489),  1:1173-1183  (11:616-620);  111:82-105 

(111:1324-1336);  IV:431-448   (V:2205-2213). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  98,  184-289-303-381  (Int.  183 ),8  225 
(Int.  223). 

ei25onan      -1  §  6<   A11  laws  creating,  regulating  or  affecting  boards  or 

boards         2  officers  charged  with  the  duty  of  registering  voters,  or  of  dis- 

3  tributing  ballots  at  the  polls  to  voters,  or  of  receiving,  record- 

4  ing  or  counting  votes  at  elections,  shall  secure  equal  repre- 

5  sentation  of  the  two  political  parties  which,  at  the  general 

6  election  next  preceding  that  for  which  such  boards  or  officers 

7  are  to  serve,  cast  the  highest  and  the  next  highest  number  of 

8  votes.    All  such  boards  and  officers  shall  be  appointed  or 

9  elected  in  such  manner,  and  upon  the  nomination  of  such 

10  representatives  of  said  parties  respectively,  as  the  Legislature 

11  may  direct.     Existing  laws  on  this  subject  shall  continue 

12  until  the  Legislature  shall  otherwise  provide.    This  section 

13  shall  not  apply  to  town  meetings,  or  to  village  elections. 

Source 

Const.  1894,  Art.  II,  §  6. 
Lincoln's  Constitutional  History 

For  historical  sketch  of  the  development  of  the  policy  of  bi-partisan 
representation  in  the  conduct  of  elections  in  this  state  from  1778  to 
1894,  see  111:114-127. 
References  to  constitutional  conventions. 

1894.  111:127-131. 
Debates  of  constitutional  conventions 

1894.111:110-116    (111:1341-1344);    111:244-272    (111:1412-1427); 

IV:536-545  (V:2263-2267). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  260-317  (Int.  25S),8  331  (Int.  323). 


s  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  19 

Article  III,  §  2 

ARTICLE  III1 

1  Section  1.  The  legislative  power  of  this  State  shall  be  vested 

2  in  the  Senate  and  Assembly.2 

Source 

Const.  1777,  Art.  II;  amended,  Const.  1821,  Art.  I,  §  1;  amended, 

Const.  1846,  Art.  Ill,  §  1;  amended,  Const.  1894,  Art.  Ill,  §  1. 
Lincoln's  Constitutional  History 

For  comment  upon  this  section  and  court  decisions  construing  the  same, 

see  1 :295,  and  IV  :197-334. 
References  to  constitutional  conventions. 

1777.  1:501-505. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  18,  219  (Int.  217),  292  (Int.  288). 
In  the  legislature,  1895-1914;  see  Part  II,  post,  pp.  34-44. 


1  §  2.    The  Senate  shall  consist  of  fifty  members,  except  as  senators 

2  hereinafter  provided.    The  senators  elected  in  the  year  one 


3  thousand  eight  hundred  and  ninety  -five  shall  hold  their  offices  an?1  terms 

4  for  three  years,  and  their  successors  shall  be  chosen  for  two 

5  years.    The  Assembly  shall  consist  of  one  hundred  and  fifty 

6  members  who  shall  be  chosen  for  one  year. 

Source 

Senate:  Const.  1777,  Art.  X;  amended  1801  ;3  amended,  Const.  1821, 
Art.  I,  §  2;  amended,  Const.  1846,  Art.  Ill,  §  2;  amended,  Const. 
1894,  Art.  Ill,  §  2. 

Assembly:  Const.   1777,  Art.  IV;   amended  1801  ;3   amended,  Const. 
1821,  Art.  I,  §  2;  amended,  Const.  1846,  Art.  Ill,  §  2;  amended, 
Const.  1894,  Art.  Ill,  §  2. 
Lincoln's  Constitutional  History 

For  brief  explanation  of  this  section,  see  IV  :334. 
References  to  constitutional  conventions  and  commissions. 
1821.  Composition  of  legislature  generally,  1  :638,  672. 
1846.  11:126-129.     1867.  11:318-320.     1872.  11:483-487.     1894. 
IV  :334. 


1  For  references  to  certain  subjects  coming  within  the  general  scope  of 
Article  III  but  not  relating  specifically  to  any  particular  section  thereof, 
see  Supplemental   Notes   following  Article   XV,  post,  under   the  following 
titles:     Attorneys,  Intoxicating  liquors,  Legislature,  Niagara  river,  Pensions, 
Taxation,  Wills. 

2  For   references   to   the   subject    of   the   initiative    and   referendum,   see 
Supplemental  Notes  following  Article  XV,  post,  under  that  title. 

s  For  the  text  of  the  constitutional  amendments  of  1801,  see  Lincoln's 
Constitutional  History,  1:190. 


tricts 


20  XEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  III,  §  3 

Debates  of  constitutional  conventions 
1821.  398-416  (Oct.  11-12). 

1846.  Senators,  number  and  terms,  373-383  (July  21),  395-408  (July 
23),  455-458  (July  29);  rotation  in  office,  415-419  (July  24), 
464-465  (July  30 j. 

Assemblymen,  number  and  terms,  373-383  (July  21). 
1867.  Senators,  number,  11:875;  assemblymen,  number,  1:304-306. 
1894.  Senators   and   assemblymen,    number   and   terms,   111:343-348 

(111:1467-1470);  IV:644-694  (V:2325-2354). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  13,  32,  83,  91,  103,  219    (Int.  217), 
229  (Int.  227),  280  (Int.  278),  292  (Int.  288),  359  (Int.  350),  404- 
454  (Int.  376).3a 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  45-48. 


senate  dis-      1  §  3.  The  State  shall  be  divided  into  fifty  districts  to  be 

fT-ir.fo  °                                                                                                                                                                                                                            " 

2  called  senate  districts,  each  of  which  shall  choose  one  sen- 

3  ator.    The  districts  shall  be  numbered  from  one  to  fifty,  in- 

4  elusive. 

5  District  number  one  (1)  shall  consist  of  the  counties  of 

6  Suffolk  and  Richmond. 

7  District  number  two  (2)  shall  consist  of  the  county  of 

8  Queens. 

9  District  number  three  (3)  shall  consist  of  that  part  of  the 

10  county  of  Kings  comprising  the  first,  second,  third,  fourth, 

11  fifth  and  sixth  wards  of  the  city  of  Brooklyn. 

12  District  number  four  (4)  shall  consist  of  that  part  of  the 

13  county  of  Kings  comprising  the  seventh,  thirteenth,  nine- 

14  teenth  and  twenty-first  wards  of  the  city  of  Brooklyn. 

15  District  number  five  (5)  shall  consist  of  that  part  of  the 

16  county  of  Kings  comprising  the  eighth,  tenth,  twelfth  and 

17  thirtieth  wards  of  the  city  of  Brooklyn,  and  the  ward  of  the 

18  city  of  Brooklyn  which  was  formerly  the  town  of  Gravesend. 

19  District  number  six  (6)  shall  consist  of  that  part  of  the 

20  county  of  Kings  comprising  the  ninth,  eleventh,  twentieth 

21  and  twenty-second  wards  of  the  city  of  Brooklyn. 

22  District  number  seven  (7)  shall  consist  of  that  part  of  the 

23  county  of  Kings  comprising  the  fourteenth,  fifteenth,  six- 

24  teenth  and  seventeenth  wards  of  the  city  of  Brooklyn. 


sa  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FOKCE  APRIL  6,  1915,  WITH  KOTES              21 

Article  III,  §  3 

25  District  number  eight  (8)  shall  consist  of  that  part  of  the 

26  county  of  Kings  comprising  the  twenty-third,  twenty-fourth, 

27  twenty-fifth  and  twenty-ninth  wards  of  the  city  of  Brooklyn, 

28  and  the  town  of  Flatlands. 

29  District  number  nine  (9)  shall  consist  of  that  part  of  the 

30  county  of  Kings  comprising  the  eighteenth,  twenty-sixth, 

31  twenty-seventh  and   twenty-eighth  wards  of  the  city  of 

32  Brooklyn. 

33  District  number  ten  (10)  shall  consist  of  that  part  of  the 

34  county  of  New  York  within  and  bounded  by  a  line  beginning 

35  at  Canal  street  and  the  Hudson  river,  and  running  thence 

36  along  Canal  street,  Hudson  street,  Dominick  street,  Varick 

37  street,  Broome  street,  Sullivan  street,  Spring  street,  Broad- 

38  way,  Canal  street,  the  Bowery,  Division  street,  Grand  street 

39  and  Jackson  street,  to  the  East  river  and  thence  around  the 

40  southern  end  of  Manhattan  Island,  to  the  place  of  beginning, 

41  and  also  Governor's,  Bedloe's  and  Ellis  islands. 

42  District  number  eleven  (11)  shall  consist  of  that  part  of 

43  the  county  of  New  York  lying  north  of  district  number  ten, 

44  and  within  and  bounded  by  a  line  beginning  at  the  junction 

45  of  Broadway  and  Canal  street,  and  running  thence  along 

46  Broadway,  Fourth  street,  the  Bowery  and  Third  avenue, 

47  St.  Mark's  place,  Avenue  A,  Seventh  street,  Avenue  B, 

48  Clinton  street,  Rivington  street,  Norfolk  street,  Division 

49  street,  Bowery  and  Canal  street,  to  the  place  of  beginning. 

50  District  number  twelve  (12)  shall  consist  of  that  part  of 

51  the  county  of  New  York  lying  north  of  districts  numbers 

52  ten  and  eleven,  and  within  and  bounded  by  a  line  beginning 

53  at  Jackson  street  and  the  East  river,  and  running  thence 

54  through  Jackson  street,  Grand  street,  Division  street,  Nor- 

55  folk  street,   Rivington  street,   Clinton  street,   Avenue   B, 

56  Seventh  street,  Avenue  A,  St.  Mark's  place,  Third  avenue, 

57  East  Fourteenth  street  to  the  East  river,  and  along  the  East 

58  river,  to  the  place  of  beginning. 

59  District  number  thirteen  (13)  shall  consist  of  that  part  of 

60  the  county  of  New  York  lying  north  of  district  number  ten, 

61  and  within  and  bounded  by  a  line  beginning  at  the  Hudson 

62  river  at  the  foot  of  Canal  street,  and  running  thence  along 

63  Canal  street,  Hudson  street,  Dominick  street,  Varick  street, 

64  Broome  street,  Sullivan  street,  Spring  street,  Broadway, 


22  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  III,  §  3 

65  Fourth  street,  the  Bowery  and  Third  avenue,  Fourteenth 

66  street,  Sixth  avenue,  West  Fifteenth  street,  Seventh  avenue, 

67  West  Nineteenth  street,  Eighth  avenue,  West  Twentieth 

68  street,  and  the  Hudson  river,  to  the  place  of  beginning. 

69  District  number  fourteen  (14)  shall  consist  of  that  part  of 

70  the  county  of  New  York  lying  north  of  districts  numbers 

71  twelve  and  thirteen,  and  within  and  bounded  by  a  line  begin- 

72  ning  at  East  Fourteenth  street  and  the  East  river,  and  run- 

73  ning  thence  along  East  Fourteenth  street,  Irving  place,  East 

74  Nineteenth  street,  Third  avenue,  East  Twenty-third  street, 

75  Lexington  avenue,  East  Fifty-third  street,  Third  avenue, 

76  East  Fifty-second  street,  and  the  East  river,  to  the  place 

77  of  beginning. 

78  District  number  fifteen  (15)  shall  consist  of  that  part  of 

79  the  county  of  New  York  lying  north  of  district  number 

80  thirteen,  and  within  and  bounded  by  a  line  beginning  at 

81  the  junction  of  West  Fourteenth  street  and  Sixth  avenue, 

82  and  running  thence  along  Sixth  avenue,  West  Fifteenth 

83  street,  Seventh  avenue,  West  Fortieth  street,  Eighth  avenue, 

84  and  the  transverse  road  across  Central  park  at  Ninety- 

85  seventh  street,  Fifth  avenue,  East  Ninety-sixth  street,  Lex- 

86  ington  avenue,  East  Twenty-third  street,  Third  avenue,  East 

87  Nineteenth  street,  Irving  place  and  Fourteenth  street,  to 

88  the  place  of  beginning. 

89  District  number  sixteen  (16)  shall  consist  of  that  part  of 

90  the  county  of  New  York  lying  north  of  district  number  thir- 

91  teen,  and  within  and  bounded  by  a  line  beginning  at  Seventh 

92  avenue  and  West  Nineteenth  street,  and  running  thence 

93  along  West  Nineteenth  street,  Eighth  avenue,  West  Twen- 

94  tieth  street,  the  Hudson  river,  West  Forty-sixth  street,  Tenth 

95  avenue,  West  Forty-third  street,  Eighth  avenue,  West  For- 

96  tieth  street  and  Seventh  avenue,  to  the  place  of  beginning. 

97  District  number  seventeen  (17)  shall  consist  of  that  part 

98  of  the  county  of  New  York  lying  north  of  district  number 

99  sixteen,  and  within  and  bounded  by  a  line  beginning  at  the 

100  junction  of  Eighth  avenue  and  West  Forty -third  street,  and 

101  running  thence  along  West  Forty-third  street,  Tenth  avenue, 

102  West  Forty-sixth  street,  the  Hudson  river,  West  Eighty- 

103  ninth  street,  Tenth  or  Amsterdam  avenue,  West  Eighty- 

104  sixth  street,  Ninth  or  Columbus  avenue,  West  Eighty-first 

105  street  and  Eighth  avenue,  to  the  place  of  beginning. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES              23 

Article  III,  §  3 

106  District  number  eighteen  (18)  shall  consist  of  that  part  of 

107  the  county  of  New  York  lying  north  of  district  number  f  our- 

108  teen,  and  within  and  bounded  by  a  line  beginning  at  the 

109  junction  of  East  Fifty-second  street  and  the  East  river,  and 

110  running  thence  along  East  Fifty-second  street,  Third  avenue, 

111  East  Fifty  third  street,  Lexington  avenue,  East  Eighty 

112  fourth  street,  Second  avenue,  East  Eighty  third  street  and 

113  the  East  river,  to  the  place  of  beginning;  and  also  Black- 

114  well's  island. 

115  District  number  nineteen  (19)  shall  consist  of  that  part 

116  of  the  county  of  New  York  lying  north  of  district  number 

117  seventeen,  and  within  and  bounded  by  a  line  beginning  at 

118  West  Eighty-ninth  street  and  the  Hudson  river,  and  running 

119  thence  along  the  Hudson  river  and  Spuyten  Duyvil  creek 

120  around  the  northern  end  of  Manhattan  island ;  thence  south- 

121  erly  along  the  Harlem  river  to  the  north  end  of  Fifth  ave- 

122  nue;  thence  along  Fifth  avenue,  East  One  Hundred  and 

123  Twenty-ninth  street,   Fourth  or  Park  avenue,  East   One 

124  Hundred  and  Tenth  street,  Fifth  avenue,  the  transverse  road 

125  across  Central  park  at  Ninety-seventh  street,  Eighth  avenue, 

126  West  Eighty-first  street,  Ninth  or  Columbus  avenue,  West 

127  Eighty  sixth  street,  Tenth  or  Amsterdam  avenue  and  West 

128  Eighty-ninth  street,  to  the  place  of  beginning. 

129  District  number  twenty  (20)  shall  consist  of  that  part  of 

130  the  county  of  New  York  lying  north  of  districts  numbers 

131  eighteen  and  fifteen,  and  within  and  bounded  by  a  line  be- 

132  ginning  at  East  Eighty-third  street  and  the  East  river,  run- 

133  ning  thence  through  East  Eighty-third  street,  Second  ave- 

134  nue,  East  Eighty-fourth  street,  Lexington  avenue,   East 

135  Ninety-sixth  street,  Fifth  avenue,  East  One  Hundred  and 

136  Tenth  street,  Fourth  or  Park  avenue,  East  One  Hundred 

137  and  Nineteenth  street  to  the  Harlem  river,  and  along  the 

138  Harlem  and  East  rivers  to  the  place  of  *begining;  and  also 

139  Randall's  island  and  Ward's  island. 

140  All  of  the  above  districts  in  the  county  of  New  York 

141  bounded  upon  or  along  the  boundary  waters  of  the  county, 

142  shall  be  deemed  to  extend  to  the  county  line. 

143  District  number  twenty  one  (21)  shall  consist  of  that  part 

144  of  the  county  of  New  York  lying  north  of  districts  numbers 


So  in  original. 


24  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  III,  §  3 

145  nineteen  and  twenty,  within  and  bounded  by  a  line  begin- 

146  ning  at  East  One  Hundred  and  Nineteenth  street  and  the 

147  Harlem  river,  and  running  thence  along  East  One  Hundred 

148  and  Nineteenth  street,  Fourth  or  Park  avenue,  One  Hundred 

149  and  Twenty-ninth  street,  Fifth  avenue  and  the  Harlem 

150  river,  to  the  place  of  beginning;  and  all  that  part  of  the 

151  county  of  New  York  not  hereinbefore  described. 

152  District  number  twenty- two    (22)   shall  consist  of  the 

153  county  of  Westchester. 

154  District  number  twenty-three  (23)  shall  consist  of  the 

155  counties  of  Orange  and  Rockland. 

156  District  number  twenty-four   (24)   shall  consist  of  the 

157  counties  of  Dutchess,  Columbia  and  Putnam. 

158  District  number  twenty-five    (25)   shall  consist  of  the 

159  counties  of  Ulster  and  Greene. 

160  District   number  twenty-six    (26)    shall   consist  of   the 

161  counties  of  Delaware,  Chenango  and  Sullivan. 

162  District  number  twenty-seven  (27)  shall  consist  of  the 

163  counties  of  Montgomery,  Fulton,  Hamilton  and  Schoharie. 

164  District  number  twenty-eight  (28)  shall  consist  of  the 

165  counties  of  Saratoga,  Schenectady  and  Washington. 

166  District  number  twenty-nine   (29)   shall  consist  of  the 

167  county  of  Albany. 

168  District  number  thirty  (30)  shall  consist  of  the  county  of 

169  Rensselaer. 

170  District   number   thirty-one    (31)    shall   consist   of   the 

171  counties  of  Clinton,  Essex  and  Warren. 

172  District   number   thirty-two    (32)    shall   consist   of   the 

173  counties  of  St.  Lawrence  and  Franklin. 

174  District  number  thirty-three    (33)   shall  consist  of  the 

175  counties  of  Otsego  and  Herkimer. 

176  District   number  thirty-four    (34)    shall   consist   of  the 

177  county  of  Oneida. 

178  District   number   thirty-five    (35)    shall    consist   of   the 

179  counties  of  Jefferson  and  Lewis. 

180  District  number  thirty-six  (36)  shall  consist  of  the  county 

181  of  Onondaga. 

182  District  number  thirty-seven   (37)   shall  consist  of  the 

183  counties  of  Oswego  and  Madison. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES              25 

Article  III,  §  3 

184  District  number  thirty-eight    (38)   shall  consist  of  the 

185  counties  of  Broome,  Cortland  and  Tioga. 

186  District  number  thirty-nine    (39)    shall   consist   of   the 

187  counties  of  Cayuga  and  Seneca. 

188  District  number  forty  (40)  shall  consist  of  the  counties  of 

189  Chemung,  Tompkins  and  Schuyler. 

190  District  number  forty-one  (41)  shall  consist  of  the  counties 

191  of  Steuben  and  Yates. 

192  District   number   forty-two    (42)    shall    consist   of   the 

193  counties  of  Ontario  and  Wayne. 

194  District  number  forty  three  (43)  shall  consist  of  that  part 

195  of  the  county  of  Monroe  comprising  the  towns  of  Brighton, 

196  Henrietta,  Irondequoit,  Mendon,  Penfield,  Perinton,  Pitts- 

197  ford,  Rush  and  Webster,  and  the  fourth,  sixth,  seventh, 

198  eighth,  twelfth,   thirteenth,   fourteenth,   sixteenth,   seven- 

199  teenth  and  eighteenth  wards  of  the  city  of  Rochester,  as  at 

200  present  constituted. 

201  District  number  forty-four  (44)  shall  consist  of  that  part 

202  of  the  county  of  Monroe  comprising  the  towns  of  Chili, 

203  Clarkson,    Gates,    Greece,   Hamlin,    Ogden,    Parma,    Riga, 

204  Sweden  and  Wheatland,  and  the  first,  second,  third,  fifth, 

205  ninth,  tenth,  eleventh,  fifteenth,  nineteenth  and  twentieth 

206  wards  of  the  city  of  Rochester,  as  at  present  constituted. 

207  District   number   forty-five    (45)    shall    consist    of   the 

208  counties  of  Niagara,  Genes ee  and  Orleans. 

209  District    number    forty-six    (46)    shall    consist    of    the 

210  counties  of  Allegany,  Livingston  and  Wyoming. 

211  District  number  forty-seven   (47)   shall  consist  of  that 

212  part  of  the  county  of  Erie  comprising  the  first,  second, 

213  third,  sixth,  fifteenth,  nineteenth,  twentieth,  twenty-first, 

214  twenty-second,  twenty-third  and  twenty-fourth  wards  of 

215  the  city  of  Buffalo,  as  at  present  constituted. 

216  District  number  forty-eight  (48)  shall  consist  of  that  part 

217  of  the  county  of  Erie  comprising  the  fourth,  fifth,  seventh, 

218  eighth,   ninth,   tenth,   eleventh,   twelfth,   thirteenth,   four- 

219  teenth  and  sixteenth  wards  of  the  city  of  Buffalo,  as  at 

220  present  constituted. 

221  District  number  forty-nine  (49)  shall  consist  of  that  part 

222  of  the  county  of  Erie  comprising  the  seventeenth,  eigh- 

223  teenth  and  twenty-fifth  wards  of  the  city  of  Buffalo,  as  at 


26  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  III,  §  4 

224  present  constituted;   and  all  the  remainder  of  the  said 

225  county  of  Erie  not  hereinbefore  described. 

226  District  number  fifty  (50)  shall  consist  of  the  counties  of 

227  Chautauqua  and  Cattaraugus. 

Source 

Const.  1777,  Art.  XII;  amended  in  1801,  Art.  Ill;4  amended,  Const, 
1821,  Art.  I,  §  5;  amended,  Const.  1846,  Art.  Ill,  §  3;  amended, 
Const  1894,  Art.  Ill,  §  3. 
Lincoln's  Constitutional  History 

For  an  exhaustive  historical  and  statistical  statement  (including 
tables  of  population  and  apportionments)  of  the  senate  appor- 
tionments in  this  state  from  1777  to  1905,  consult  the  following 
references : 

Under  the  first  Constitution,  1777,  111:168-175;  IV:341-342. 
Under  the  second  Constitution,  1821,  111:175-181;  IV:342. 
Under  the  third  Constitution,  1846,  111:181-192;  IV:342. 
The  apportionment  of  1892,  111:192-204. 
The  apportionment  of  1894,  111:204-230;  IV:342-344. 
Keferences  to  constitutional  conventions. 

1777.  1:517-522.      1821.  1:638-639.      1846.  11:127.      1867.  II: 

317-319.     1894.  111:206-229;  IV:342-345. 
Debates  of  constitutional  conventions 

1821.  418^119    (Oct.    13),   428-430    (Oct.    15),   466-478    (Oct.    18), 

559-560   (Oct.  29). 
1846.  419-422    (July  24),  430-431    (July  27),  458-461    (July  29), 

465^68  (July  30). 
1867.  1:675-699,   702-716,   748-749,   758-789;   11:819-848,  869-S73: 

V:3586-35S8,  3678-3682,  3866-3867. 

1894.111:343-348    (111:1467-1471);  111:987-1215   (IV:1830-1964) ; 
111:1223-1242    (IV:1969-1979) ;    IV:6-37    (IV:1982-1999) ;    IV: 
48-56    (IV:2004-2009);    IV:78-96    (V:2021-2030) ;    IV:644-694 
(V:2325-2354). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  132,  219   (Int.  217),  229   (Int.  227), 
292  (Int.  288),  359  (Int.  350),  404-454  (Int.  376).4a 
In  the  legislature,  1894-1914:  see  Part  II,  post,  p.  54. 


state  1        §  4.  An  enumeration  of  the  inhabitants  of  the  State  shall 

2  be  taken  under  the  direction  of  the  Secretary  of  State,  dur- 

3  ing  the  months  of  May  and  June,  in  the  year  one  thousand 


census 


*For  the  text  of  the  constitutional  amendment  of  1801,  see  Lincoln's 
Constitutional  History,  1:190. 

4a  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  27 

Article  III,  §  4 

4  nine  hundred  and  five,  and  in  the  same  months  every  tenth 

5  year  thereafter ;  and  the  said  districts  shall  be  so  altered  by  senate  «•- 

6  the  Legislature  at  the  first  regular  session  after  the  return  of 

7  every  enumeration,  that  each  senate  district  shall  contain  as 

8  nearly  as  may  be  an  equal  number  of  inhabitants,  excluding 

9  aliens,  and  be  in  as  compact  form  as  practicable,  and  shall 

10  remain  unaltered  until  the  return  of  another  enumeration, 

11  and  shall  at  all  times,  consist  of  contiguous  territory,  and  no 

12  county  shall  be  divided  in  the  formation  of  a  senate  district 

13  except  to  make  two  or  more  senate  districts  wholly  in  such 

14  county.    No  town,  and  no  block  in  a  city  inclosed  by  streets 

15  or  public  ways,  shall  be  divided  in  the  formation  of  senate 

16  districts;  nor  shall  any  district  contain  a  greater  excess  in 

17  population  over  an  adjoining  district  in  the  same  county, 

18  than  the  population  of  a  town  or  block  therein  adjoining 

19  such  district.    Counties,  towns  or  blocks  which,  from  their 

20  location,  may  be  included  in  either  of  two  districts,  shall  be 

21  so  placed  as  to  make  said  districts  most  nearly  equal  in 

22  number  of  inhabitants,  excluding  aliens. 

23  No  county  shall  have  four  or  more  senators  unless  it  shall  Number  of 

J  senators  in 

24  have  a  full  ratio  for  each  senator.     No  county  shall  have  counties 

25  more  than  one-third  of  all  the  senators ;  and  no  two  counties 

26  or  the  territory  thereof  as  now  organized,  which  are  adjoin- 

27  ing  counties,  or  which  are  separated  only  by  public  waters, 

28  shall  have  more  than  one-half  of  all  the  senators. 

29  The  ratio  for  apportioning  senators  shall  always  be  ob-  Ratio  for 

apportion- 

30  tained  by  dividing  the  number  of  inhabitants,  excluding  ment 

31  aliens,  by  fifty,  and  the  Senate  shall  aways  be  composed  of 

32  fifty  members,  except  that  if  any  county  having  three  or 

33  more  senators  at  the  time  of  any  apportionment  shall  be 

34  entitled  on  such  ratio  to  an  additional  senator  or  senators, 

35  such  additional  senator  or  senators  shall  be  given  to  such 

36  county  in  addition  to  the  fifty  senators,   and  the  whole 

37  number  of  senators  shall  be  increased  to  that  extent. 

Source 

Const.  1821,  Art.  I,  §  6;  amended,  Const.  1846,  Art.  Ill,  §  4; 
amended,  Const.  1894,  Art.  Ill,  §  4.  See  also  Const.  1777,  Art. 
V,  and  amendments  of  1801,  Art.  IV.4b 


4*>  For  the  text  of  the  constitutional  amendment   of   1801,  see  Lincoln's 
Constitutional  History,  1:191. 


28 


YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  III,  §  5 


Assembly 
apportion- 
ment 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

Ratio  for 
apportion- 
ment 


Lincoln's  Constitutional  History 

For  comment  on  this  section  and  court  decisions  construing  it,  see 

IV:345-346.     See  also  the  notes  to  the  preceding  section. 
Debates  of  constitutional  conventions 
1821.  399-416  (Oct.  11-12). 

1846.  383-395  (July  21-22),  408-414  (July  23),  465^68  (July  30), 
1867.  II  :S73-875,  1195-1196. 

1894.   111:343-348    (111:1467-1470);   111:987-1215    (V:1S30-1964) ; 
111:1223-1242    (IV:1969-1979) ;    IV:6-37    (IV:1982-1999) ;    IV: 
56-57    (IV:2009);    IV:78-96     (V:2021-2030) ;    IV:357-376    (V: 
2164-2174);   IV:644-694    (V:2325-2354). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,    Overtures   Nos.    48,   92,    132,    219    (Int.    217),    229 
(Int.  227),  292   (Int.  288),  359   (Int.  350).  404-454   (Int.  376).4e 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  55-58. 


§  5.  The  members  of  the  Assembly  shall  be  chosen  by 
single  districts,  and  shall  be  apportioned  by  the  Legislature 
at  the  first  regular  session  after  the  return  of  every  enu- 
meration among  the  several  counties  of  the  State,  as  nearly 
as  may  be  according  to  the  number  of  their  respective  in- 
habitants, excluding  aliens.  Every  county  heretofore  es- 
tablished and  separately  organized,  except  the  county  of 
Hamilton,  shall  always  be  entitled  to  one  member  of  assem- 
bly, and  no  county  shall  hereafter  be  erected  unless  its 
population  shall  entitle  it  to  a  member.  The  county  of 
Hamilton  shall  elect  with  the  county  of  Fulton,  until  the 
population  of  the  county  of  Hamilton  shall,  according  to 
the  ratio,  entitle  it  to  a  member.  But  the  Legislature  may 
abolish  the  said  county  of  Hamilton  and  annex  the  territory 
thereof  to  some  other  county  or  counties.  The  quotient 
obtained  by  dividing  the  whole  number  of  inhabitants  of 
the  State,  excluding  aliens,  by  the  number  of  members 
of  assembly,  shall  be  the  ratio  for  apportionment,  which 
shall  be  made  as  follows:  One  member  of  assembly  shall 
be  apportioned  to  every  county,  including  Fulton  and 
Hamilton  as  one  county,  containing  less  than  the  ratio  and 
one-half  over.  Two  members  shall  be  apportioned  to  every 
other  county.  The  remaining  members  of  assembly  shall  be 
apportioned  to  the  counties  having  more  than  two  ratios 
according  to  the  number  of  inhabitants,  excluding  aliens. 


15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 


4c  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  29 

Article  III,  §  5 

26  Members  apportioned  on  remainders  shall  be  apportioned  to 

27  the  counties  having  the  highest  remainders  in  the  order 

28  thereof  respectively.    No  county  shall  have  more  members 

29  of  assembly  than  a  county  having  a  greater  number  of~In- 

30  habitants,  excluding  aliens. 

31  Until  after  the  next  enumeration,  members  of  the  Assem-  Number  of 

32  bly  shall  be  apportioned  to  the  several  counties  as  follows :  ££"£*£* 

33  Albany  county,  four  members;  Allegany  county,  one  mem- 

34  ber;  Broome  county,  two  members;  Cattaraugus  county, 

35  two  members;  Cayuga  county,  two  members;  Chautauqua 

36  county,    two    members;    Chemung    county,    one    member; 

37  Chenango    county,    one    member;    Clinton    county,    one 

38  member;     Columbia     county,     one     member;     Cortland 

39  county,    one    member;    Delaware    county,    one    member; 

40  Dutchess     county,    two    members;     Erie    county,     eight 

41  members;   Essex  county,   one  member;   Franklin   county, 

42  one  member;   Fulton  and   Hamilton  counties,    one   mem- 

43  ber;   Genesee   county,   one   member;   Greene   county,   one 

44  member;  Herkimer  county,  one  member;  Jefferson  county, 

45  two  members;  Kings  county,  twenty-one  members;  Lewis 

46  county,    one   member;    Livingston   county,   one   member; 

47  Madison  county,  one  member;  Monroe  county,  four  mem- 

48  bers;  Montgomery  county,  one  member;  New  York  county, 

49  thirty  five  members ;  Niagara  county,  two  members ;  Oneida 
.50  county,  three  members;  Onondaga  county,  four  members; 

51  Ontario  county,  one  member ;  Orange  county,  two  members ; 

52  Orleans  county,  one  member;  Oswego  county,  two  members; 

53  Otsego  county,  one  member;  Putnam  county,  one  member; 

54  Queens  county,  three  members;  Rensselaer  county,  three 

55  members;  Richmond  county,  one  member;  Rockland  county, 

56  one  member;  St.  Lawrence  county,  two  members;  Saratoga 

57  county,  one  member;   Schenectady  county,  one  member; 

58  Schoharie  county,  one  member;  Schuyler  county,  one  mem- 

59  ber ;  Seneca  county,  one  member ;  Steuben  county,  two  mem- 

60  bers;  Suffolk  county,  two  members;  Sullivan  county,  one 

61  member;  Tioga  county,  one  member;  Tompkins  county,  one 

62  member;  Ulster  county,  two  members;  Warren  county,  one 

63  member;  Washington  county,  one  member;  Wayne  county, 

64  one  member;  Westchester  county,  three  members ;  Wyoming 

65  county,  one  member,  and  Yates  county,  one  member. 


30  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  III,  §  5 

Division  of    eg  in  any  county  entitled  to  more  than  one  member,  the 

counties  * 

^  board  of  supervisors,  and  in  any  city  embracing  an  entire 

68  county  and  having  no  board  of  supervisors,  the  common 

69  council,  or  if  there  be  none,  the  body  exercising  the  powers 

70  of  a  common  council,  shall  assemble  on  the  second  Tuesday 

71  of  June,  one  thousand  eight  hundred  and  ninety-five,  and  at 

72  such  times  as  the  Legislature  making  an  apportionment  shall 

73  prescribe,  and  divide  such  counties  into  assembly  districts 

74  as  nearly  equal  in  number  of  inhabitants,  excluding  aliens, 

75  as  may  be,  of  convenient  and  contiguous  territory  in  as  com- 

76  pact  form  as  practicable,  each  of  which  shall  be  wholly 

77  within  a  senate  district  formed  under  the  same  apportion- 

78  ment,  equal  to  the  number  of  members  of  assembly  to  which 

79  such  county  shall  be  entitled,  and  shall  cause  to  be  filed  in 

80  the  office  of  the  Secretary  of  State  and  of  the  clerk  of  such 

81  county,  a  description  of  such  districts,  specifying  the  number 

82  of  each  district  and  of  the  inhabitants  thereof,  excluding 

83  aliens,  according  to  the  last  preceding  enumeration;  and 

84  such  apportionment  and  districts  shall  remain  unaltered 

85  until  another  enumeration  shall  be  made,  as  herein  provided ; 

86  but  said  division  of  the  city  of  Brooklyn  and  the  county  of 

87  Kings  to  be  made  on  the  second  Tuesday  of  June,  one. 

88  thousand  eight  hundred  and  ninety-five,  shall  be  made  by 

89  the  common  council  of  the  said  city  and  the  board  of  super- 

90  visors  of  said  county,  assembled  in  joint  session.    In  counties 

91  having  more  than  one  senate  district,  the  same  number  of 

92  assembly  districts  shall  be  put  in  each  senate  district,  unless 

93  the  assembly  districts  cannot  be  evenly  divided  among  the 

94  senate  districts  of  any  county,  in  which  case  one  more 

95  assembly  district  shall  be  put  in  the  senate  district  in  such 

96  county  having  the  largest,  or  one  less  assembly  district  shall 

97  be  put  in  the  senate  district  in  such  county  having  the 

98  smallest  number  of  inhabitants,  excluding  aliens,   as  the 

99  case  may  require.    No  town,  and  no  block  in  a  city  inclosed 

100  by  streets  or  public  ways,  shall  be  divided  in  the  formation 

101  of   assembly    districts,    nor   shall   any   district    contain   a 

102  greater  excess  in  population  over  an  adjoining  district  in  the 

103  same  senate  district,  than  the  population  of  a  town  or  block 

104  therein  adjoining  such  assembly  district.    Towns  or  blocks 

105  which,  from  their  location,  may  be  included  in  either  of  two 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  ^OTES  31 

Article  III,  §  5 

106  districts,  shall  be  so  placed  as  to  make  said  districts  most 

107  nearly  equal  in  number  of  inhabitants,  excluding  aliens ;  but 

108  in  the  division  of  cities  under  the  first  apportionment,  regard 

109  shall  be  had  to  the  number  of  inhabitants,  excluding  aliens, 

110  of  the  election  districts  according  to  the  state  enumeration 

111  of  one  thousand  eight  hundred  and  ninety-two,  so  far  as  may 

112  be,  instead  of  blocks.    Nothing  in  this  section  shall  prevent 

113  the  division,  at  any  time,  of  counties  and  towns,  and  the 

114  erection  of  new  towns  by  the  Legislature.    An  apportion- 

115  ment  by  the  Legislature,  or  other  body,  shall  be  subject 

116  to  review  by  the  Supreme  Court,  at  the  suit  of  any  citizen, court 

117  under    such    reasonable    regulations    as    the    Legislature 

118  may    prescribe;    and    any    court   before    which    a    cause 

119  may  be  pending  involving  an  apportionment,  shall  give 

120  precedence  thereto  over  all  other  causes  and  proceedings, 

121  and  if  said  court  be  not  in  session  it  shall  convene  promptly 

122  for  the  disposition  of  the  same. 

Source 

Const.    1821,   Art.    I,    §    7;    amended,    Const.   1846,    Art.    Ill,    §    5; 
amended  in  1874  ;4d  amended,  Const.  1894,  Art.  Ill,  §  5.     See  also 
Const,  1777,  Art.  V,  and  amendments  of  1801,  Art.  II.4(1 
Lincoln's  Constitutional  History 

For  an  exhaustive  historical  and  statistical  statement  (including 
tables  of  population  and  apportionments)  of  assembly  apportion- 
ments in  this  colony  and  state,  see  111:134-137;  IV:350-352,  and 
also  the  following  references: 

During  the  colonial  period,  111:137-151. 
Under  the  first  Constitution,  1777,  111:152-159. 
From  the  second  Constitution,  1821,  to  1894,  111:159-167. 
For  a  statement  of  the  rules  to  follow  in  determining  the  number  of 
assemblymen  to  be  apportioned  to  each  county,  see  111:229-230 
(these  rules  are  repeated  in  IV:351). 

For  court  decisions  construing  this  section,  see  IV:352-355. 
References  to  constitutional  conventions  and  commissions. 

1777.  1:505-507.      1821.  1:639.      1846.  11:128-132.      1867.  II: 

319-320.     1872.  11:487-490.     1894.  IV:350-352. 
Debates  of  constitutional  conventions 
1821.  399^16  (Oct.  11-12). 
1846.  422-429  (July  24-25),  444-453  (July  28),  468-469  (July  30), 

477-478  (July  31). 
1867.  1:304-306;  11:852-867,  875-877,  1195-1196;  V:3589-3591. 


4(1  For  the  text  of  the  constitutional  amendments  of  1874  and  1801,  see 
Lincoln's  Constitutional  History,  1:297-298,  189. 


32 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  III,  §  6 


1894.111:343-348   (111:1467-1470);  111:987-1215    (IV:1830-1964)  ; 
111:1223-1242    (IV:1969-1979)  ;    IV:6-37    (IV:1982-1999)  ;    78- 
96   (V:2021-2030);  IV:357-376  (V:2164-2174)  ;  IV:644-694   (V: 
2325-2354). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  48,  132,  165,  219  (Int.  217),  229 
(Int.  227),  292  (Int.  288),  359  (Int.  350),  404-454  (Int.  376).5 

In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  61-64. 


ti°0™pofsa~ 


1  §**•  Each  member  of  the  Legislature  shall  receive  for  his 

2  services  an  annual  salary  of  one  thousand  five  hundred  dol- 

3  larg.    The  members  of  either  house  shall  also  receive  the  sum 

4  of  one  dollar  for  every  ten  miles  they  shall  travel  in  going 

5  to  and  returning  from  their  place  of  meeting,  once  in  each 

6  session,  on  the  most  usual  route.    Senators,  when  the  Senate 

7  alone  is  convened  in  extraordinary  session,  or  when  serving 

8  as  members  of  the  Court  for  the  Trial  of  Impeachments,  and 

9  such  members  of  the  Assembly,  not  exceeding  nine  in  number, 

10  as  shall  be  appointed  managers  of  an  impeachment,  shall  re- 

11  ceive  an  additional  allowance  of  ten  dollars  a  day. 


Source 

Const.  1821,  Art.  I,  §  9  ;  amended,  Const.  1846,  Art.  Ill,  §  6  ;  amended 
1874. 

Lincoln's  Constitutional  History 

References  to  constitutional  conventions  and  commissions. 

1821.  1:639.      1846.  11:132-133.      1867.  11:320-321.      1872.  II: 

490-491. 

Debates  of  constitutional  conventions 
1821.  420-423   (Oct.  13). 
1846.  431-436  (July  27),  470-474  (July  31). 
1867.  1:761;  11:877-878,  1013;  V:3456-3457,  3591-3593,  3606 
1894.  111:356  (111:1474). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  16-456  (Int.  16),  27,  219  (Int.  217), 
292  (Int.  288). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  64-67. 


office 


§  7.  No  member  of  the  Legislature  shall  receive  any  civil 
appointment  within  this  State,  or  the  Senate  of  the  United 


s  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  ix  FORCE  APRIL  6,  1915,  WITH  NOTES  33 

Article  III,  §  8 

3  States,  from  the  Governor,  the  Governor  and  Senate,  or  from 

4  the  Legislature,  or  from  any  city  government,  during  the  time 

5  for  which  he  shall  have  been  elected;  and  all  such  appoint- 

6  ments  and  all  votes  given  for  any  such  member  for  any  such 

7  office  or  appointment  shall  be  void. 

Source 

Const.   1821,   Art.   I,    §    10;   amended,   Const.   1846,   Art.   Ill,    §    7; 

amended  1874. 
Lincoln's  Constitutional  History 

For  history  of  this  section  and  comment  thereon,  see  IV:356-360. 
References  to  constitutional  conventions  and  commissions. 

1821.  1:639;  IV:356-357.     1846.  IV:357.     1872.  IV:358. 
Debates  of  constitutional  conventions 

1821.  424-428   (Oct.  13).     1867.  11:878-879;  V:3607-3608. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  219  (Int.  217). 


1  §  8.  No  person  shall  be  eligible  to  the  Legislature,  who  at 

2  the  time  of  his  election,  is,  or  within  one  hundred  days  previous 

3  thereto  has  been,  a  member  of  Congress,  a  civil  or  military 

4  officer  under  the  United  States,  or  an  officer  under  any  city 

5  government.    And  if  any  person  shall,  after  his  election  as  a 

6  member  of  the  Legislature,  be  elected  to  Congress,  or  ap- 

7  pointed  to  any  office,  civil  or  military,  under  the  government 

8  of  the  United  States,  or  under  any  city  *goverment,  his  accept- 

9  ance  thereof  shall  vacate  his  seat.6 

Source 

Const.   1821,   Art.   I,    §    11;    amended,    Const.   1846,   Art.   Ill,   §   8; 

amended  1874. 

Lincoln's  Constitutional  History 
For  annotations,  see  IV:361. 
References  to  constitutional  conventions  and  commissions. 

1821.  1:639.     1872.  11:492-493. 
Debates  of  constitutional  conventions 

1821.  431^34  (Oct.  15).     1846.  436-443  (July  27). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  71,  131-455  (Int.  131),  219  (Int. 
217). 


*  So  in  original. 

6  For  certain  proposed  qualifications  for  members  of  the  legislature,  see 
Supplemental  Notes  following  Article  XV,  post,  under  the  title  Legislature. 

2 


34  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  III,  §  9 

little™  of  *        §  ®*  •rhe  electi°ns  of  senators  and  members  of  assembly, 
members  of  2    pursuant  to  the  provisions  of  this  Constitution,  shall  be  held 

legislature 

3  on  the  Tuesday  succeeding  the  first  Monday  of  November, 

4  unless  otherwise  directed  by  the  Legislature. 


Source 

Const.  1821,  Art.  I,  §  15;  amended,  Const.  1846,  Art.  Ill, 


9. 


Lincoln's  Constitutional  History 

For  a  chronological  sketch  of  the  statutory  and  constitutional  pro- 
visions in  this  state  from  1778  regulating  the  time  of  election  of 
the  members  of  the  legislature,  see  IV:361-363. 
References  to  constitutional  conventions. 

1821.  IV:362. 
Debates  of  constitutional  conventions 

1867.  11:880. 
Texts  of  proposed  amendments 

In   the   constitutional   convention   of   1894:    see   Proposed    Constitu- 
tional Amendments,  Overture  No.  219   (Int.  217). 


quorum  of 


Temporary 


1  §  10.  A  majority  of  each  house  shall  constitute  a  quorum 

2  to  do  business.    Each  house  shall  determine  the  rules  of  its 

3  own  proceedings,  and  be  the  judge  of  the  elections,  returns 

4  and  qualifications  of  its  own  members;  shall  choose  its  own 

5  officers  ;  and  the  Senate  shall  choose  a  temporary  president  to 

6  preside  in  case  of  the  absence  or  impeachment  of  the  Lieuten- 

7  ant-Governor,  or  when  he  shall  refuse  to  act  as  president,  or 

8  shall  act  as  Governor. 


Source 

Const.   1821,   Art.   I,   §   3;   amended,   Const.   1846,   Art.   Ill,    §    10; 

amended,  Const.  1894,  Art.  Ill,  §  10.    See  also  Const.  1777,  Art.  IX. 
Lincoln's  Constitutional  History 

For  comment  on  this  section  and  court  decisions  construing  it,  see 

IV  :363-364. 
For  history   of  the   provision  relating   to   the   temporary   president 

of  the  senate  from  1777  to  1894,  see  III  :230-235. 
For  history  of  the  movement  to   amend  this   section  by  depriving 

the  legislature  of  the  power  to  determine  the  election  and  quali- 

fications of  its  own  members  and  transferring  jurisdiction  in  such 

cases  to  the  courts,  see  11:576,  581-582. 
Debates  of  constitutional  conventions 

1867.  Powers  of  senate  and  assembly,  II  :880-881. 

1894.  President  pro  tern  of  the  senate,  11:26-31   (11:637-639),  II: 

484-489   (11:882-885);  IV:414-416   (V:2195-2196). 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  35 

Article  III,  §   13 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  149,  218-382   (Int.  216  ),7  219   (Int. 

217). 
In  the  legislature,  1895-1914  :  see  Part  II,  post,  p.  68. 

1  §  11.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  Journals  0« 

2  publish  the  same,  except  such  parts  as  may  require  secrecy. 

3  The  doors  of  each  house  shall  be  kept  open,  except  when  the  open  BBS- 

slons 

4  public  welfare  shall  require  secrecy.     Neither  house  shall, 

5  without  the  consent  of  the  other,  adjourn  for  more  than  two  Adjourn- 

ments 

6  days. 

Source 

Const.  1777,  Art.  XV;  amended,  Const.  182.1,  Art.  1,  §  4;  continued 

without  change  in  Const.  1846,  Art.  Ill,  §  11. 
Lincoln's  Constitutional  History 

For  comment  upon  this  section,  especially  with  respect  to  the  power 
of  the  assembly  during  the  colonial  period  to  fix  the  times  of  its 
own  meetings  and  adjourn  from  time  to  time  at  its  own  pleasure, 
see  IV:365. 

Debates  of  constitutional  conventions 
1867.  Adjournments,   11:881-882. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  219  (Int.  217). 


1  §  12.  For  any  speech  or  debate  in  either  house  of  the  Legris-  pr 

of  members 

2  lature,  the  members  shall  not  be  questioned  in  any  other  place. 

Source 

Const.  1846,  Art.  Ill,  §  12. 
Lincoln's  Constitutional  History 

For  brief  historical  note  on  this  section,  see  IV:365-366. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894  :  see  Proposed  Constitutional 
Amendments,  Overture  No.  219   (Int.  217). 

§  13.  Any  bill  may  originate  in  either  house  of  the  Legis-  B1.1Is  may 

2  lature,  and  all  bills  passed  by  one  house  may  be  amended  by  b» 

3  the  other.8  L 

Source 

Const.  1821,  Art.  I,  §  8;  continued  without  change  in  Const.  1846, 
Art.  Ill,  §  13. 


T  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

s  For  limitation  upon  the  time  of  the  introduction  of  bills,  see  Supple- 
mental Notes  following  Article  XV,  post,  under  the  title  Bills. 


36  ]^"EW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  III,  §   14 


Lincoln's  Constitutional  History 

For  historical  statement  of  the  exclusive  right  claimed  by  the  colonial 

assembly  to  originate  money  bills,  see  IV:367-368. 
References  to   constitutional   conventions. 

1821.  1:639;  IV:366-367. 
Debates  of  constitutional  conventions 

1867.  IV:2754. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  146-390  (Int.  146),  155,  219  (Int. 
217). 

Enacting     i        §  14.  The  enacting  clause  of  all  bills  shall  be  "  The  People 

clause    of 

bills         2    of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 

3  do  enact  as  follows,"  and  no  law  shall  be  enacted  except  by 

4  bill. 

Source 

Const.  1777,  Art.  XXXI  (omitted  in  Const.  1821) ;  amended,  Const. 

1846,  Art.  Ill,  §  14. 
Lincoln's  Constitutional  History 

For   historical   statement   of   the   enacting   clause   in   early   English 

statutes,  in  the  colony  of  New  York,  and  in  this  state  down  to 

1846  (from  which  time  there  has  been  no  change),  see  IV:369-375. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  219  (Int.  217). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  68. 

Manner  of     1  §  15.  No  bill  shall  be  passed  or  become  a  law  unless  it  shall 

biSing        2  have  been  printed  and  upon  the  desks  of  the  members,  in  its 

3  final  form,  at  least  three  calendar  legislative  days  prior  to  its 

4  final  passage,  unless  the  Governor,  or  the  acting  Governor, 

5  shall  have  certified  to  the  necessity  of  its  immediate  passage, 

6  under  his  hand  and  the  seal  of  the  State ;  nor  shall  any  bill  be 

7  passed  or  become  a  law,  except  by  the  assent  of  a  majority 

8  of  the  members  elected  to  each  branch  of  the  Legislature; 

9  and  upon  the  last  reading  of  a  bill,  no  amendment  thereof 

10  shall  be  allowed,  and  the  question  upon  its  final  passage  shall 

11  be  taken  immediately  thereafter,  and  the  yeas  and  nays  en- 

12  tered  on  the  journal.9 

Source 

Const.  1846,  Art.  Ill,  §  15;  amended,  Const.  1894,  Art.  Ill,  §  15. 


9  For  suggested  restrictions  upon  the  manner  of  passing  local  or  private 
bills,  see  Supplemental  Notes  following  Article  XV,  post,  under  the  title 
Bills. 


I]  TEXT  IN  FOKCE  APRIL  6,  1915,  WITH  NOTES  37 

Article  III,  §   16 

Lincoln's  Constitutional  History 

For  court   decisions   under  this   section   prior  to   the   constitutional 

amendment  of  1894,  see  IV:376-377. 

For  discussion  of  the  subject  of  the  consideration  and  passage  of 
bills,   see   III  :235-244 ;   for  special  comment   on   the  "  emergency 
message  "  of  the  governor,  see  IV : 242-244. 
References  to  constitutional  conventions  and  commissions. 

1867.  11:321-322.     1872.  11:494-495.     1894.  111:235-244. 
Debates  of  constitutional  conventions 

1867.  Signing  of  bills   and  resolutions  by  presiding   officer  in   the 

presence  of  the  house,  II  :1302-1304. 
1894.  1:6    (1:7),    1:478-490    (1:246-252),    1:671-676    (1:348-351), 

1:695-696  (1:362),  1:887-917  (1:468-483). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  73-173-290-365  (Int.  73),'°  219  (Int. 
217),  248  (Int.  246),  288-396  (Int.  286). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  69. 


1  §  16.  No  private  or  local  bill,  which  may  be  passed  by  the 

2  Legislature,  shall  embrace  more  than  one  subject,  and  that limited  to 

J  one  subject 

3  shall  be  expressed  in  the  title.  to  be  e*- 


pressed  in 
title 


Source 

Const.  1846,  Art.  Ill,  §  16. 
Lincoln's  Constitutional  History 

For  historical  basis  of  this  section,  see  IV  :377-378. 

For  court  decisions  dealing  with  the  general  principles  of  this  section, 

see  IV:380-382. 
For  a  chronological  list  of  statutes  from  1847  to  1901  with  the  court 

decisions  holding  them  valid  under  this  section,  see  IV:383^402; 

for  a  chronological  list  of  statutes  from  1854  to  1904  with  the 

court  decisions  holding  them  invalid  under  this  section,  see  IV: 

403-410. 
References  to  constitutional  conventions  and  commissions. 

1872.  11:493-494. 

Debates  of  constitutional  conventions 
1846.  176-177  (June  27). 
1867.  111:2102-2104. 
1894.  Certain  limitations  proposed  as  to  general  bills,  111:142-155 

(111:1358-1365). 


10  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


38 


YORK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  III,  §   17 


Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  11-418  (Int.  11),  63,  154,  214-388 
(Int.  212),  219  (Int.  217),  201-427  (Int.  200),  306  (Int.  300), 
330-407  (Int.  322). 


Existing 
laws   not 
applicable 
by    refer- 
ence 


1  §  17.  No  act  shall  be  passed  which  shall  provide  that  any 

2  existing  law,  or  any  part  thereof,  shall  be  made  or  deemed  a 

3  part  of  said  act,  or  which  shall  enact  that  any  existing  law,  or 

4  part  thereof,  shall  be  applicable,  except  by  inserting  it  in  such 

5  act. 


Source 

Amendment  of  1874. 
Lincoln's  Constitutional  History 

For  comment  upon  this  section,  see  IV:410-411. 
For  chronological  list  of  statutes  from  1875  to  1901  with  the  court 
decisions  construing  them  in  the  light  of  this  section,  see  IV:411- 
415. 
References  to  constitutional  conventions  and  commissions. 

1872.  11:494. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  219  (Int.  217),  283  (Int.  281). 


Cases   in 
which  pri- 
vate or 
local  bills 
shall  not 
be  passed 


1  §  18.  The  legislature  shall  not  pass  a  private  or  local  bill 

2  in  any  of  the  following  cases  :1X 

3  Changing  the  names  of  persons. 

4  *Lay  out,   opening,  altering,  working  or  discontinuing 

5  roads,  highways  or  alleys,  or  for  draining  swamps  or  other 

6  low  lands. 

7  Locating  or  changing  county  seats. 

8  Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

9  Incorporating  villages. 

10  Providing  for  election  of  members  of  boards  of  supervisors. 

11  Selecting,  drawing,  summoning  or  empaneling  grand  or 

12  petit  jurors. 

13  Regulating  the  rate  of  interest  on  money. 


11  For  other  suggested  restrictions  upon  the  manner  of  passing  local  or 
private  bills,  see  Supplemental  Notes  following  Article  XV,  post,  under  the 
title  Bills. 

*  So  in  original. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES              39 

Article  III,  §   18 

14  The  opening  and  conducting  of  elections  or  designating 

15  places  of  voting. 

16  Creating,   increasing  or  decreasing  fees,  percentage  or 

17  allowances  of  public  officers,  during  the  term  for  which  said 

18  officers  are  elected  or  appointed. 

19  Granting  to  any  corporation,  association  or  individual  the 

20  right  to  lay  down  railroad  tracks. 

21  Granting  to  any  private  corporation,  association  or  indi- 

22  vidual  any  exclusive  privilege,  immunity  or  franchise  what- 

23  ever. 

24  Granting  to  any  person,  association,  firm  or  corporation 

25  an  exemption  from  taxation  on  real  or  personal  property. 

26  Providing  for  building  bridges,  and  chartering  companies 

27  for  such  purposes,  except  on  the  Hudson  river  below  Water- 

28  ford,  and  on  the  East  river,  or  over  the  waters  forming  a 

29  part  of  the  boundaries  of  the  state. 

30  The  legislature  shall  pass  general  laws  providing  for  the 

31  cases  enumerated  in  this  section,  and  for  all  other  cases  which 

32  in  its  judgment,  may  be  provided  for  by  general  laws.    But  cases 

33  no  law  shall  authorize  the  construction  or  operation  of  a  Restrictions 

34  street  railroad  except  upon  the  condition  that  the  consent 


street  rail 

35  of  the  owners  of  one-half  in  value  of  the  property  bounded  roads 

36  on,  and  the  consent  also  of  the  local  authorities  having  the 

37  control  of  that  portion  of  a  street  or  highway  upon  which 

38  it  is  proposed  to  construct  or  operate  such  railroad  be  first 

39  obtained,  or  in  case  the  consent  of  such  property  owners  can- 

40  not  be  obtained,  the  appellate  division  of  the  supreme  court, 

41  in  the  department  in  which  it  is  proposed  to  be  constructed, 

42  may,  upon  application,  appoint  three  commissioners  who  shall 

43  determine,  after  a  hearing  of  all  parties  interested,  whether 

44  such  railroad  ought  to  be  constructed  or  operated,  and  their 

45  determination,  confirmed  by  the  court,  may  be  taken  in  lieu 

46  of  the  consent  of  the  property  owners. 

Source 

Amendment  of  1874  ;  amended  in  1901.12 
Lincoln's  Constitutional  History 

For  court  decisions  construing  certain  parts  of  this  section,  see  the 
following  pages  in  volume  4  : 


12  The  amendment  of  1901  added  the  lines  24-25.  For  explanation  of 
this  amendment,  see  Lincoln's  Constitutional  History,  111:680-681.  For 
its  legislative  history  and  the  action  of  the  people  thereon,  see  Part  II,  post, 
pp.  70-71. 


40 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  III,  §   19 


Line  3,  page  418.  Lines  4-6,  pages  418-^20.  Line  7,  pages 
420^21.  Line  8,  page  421.  Line  9,  page  421.  Line  10, 
pages  421-422.  Lines  11-12,  page  423.  Lines  16-18,  pages 
424-425.  Lines  19-20,  pages  425-427.  Lines  21-23,  pages 
427-430.  Lines  26-29,  page  430.  Lines  30-46,  pages  431- 
434. 

For  historical  comment  on  this  section,  including  references  to  the 
work   of   the   constitutional   convention   of   1867-68   and  the   con- 
stitutional commission  of  1872,  see  11:323-327,  497-501,  and  IV: 
417-418. 
Debates  of  constitutional  conventions 

1867.  11:1379-1381,  1385-1386;  111:2102-2128;  I V  :2777-2785,  2801- 

2803,  3111-3117;  V:3603-3609,  3683-3685. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,    Overtures    Nos.    87,    115-424    (Int.    115),    116-386 
(Int.  116),  124,  147,  219  (Int.  217),  299  (Int.  295),  309  (Int.  303), 
320  (Int.  312),  354  (Int.  345),  369  (Int.  362). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  70-73. 


§  19.  The  Legislature  shall  neither  audit  nor  allow  any 


Private 
claims 

s£en8not  to  ^    private  claim  or  account  against  the  State,  but  may  appro- 
be  audited 
by   legisla- 
tvre 


3  priate  money  to  pay  such  claims  as  shall  have  been  audited  and 

4  allowed  according  to  law.13 

Source 

Amendment  of  1874. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:434-435. 

References  to  constitutional  conventions  and  commissions. 

1872.  11:501-502. 
Debates  of  constitutional  conventions 

1867.  11:1319-1348;  IV:2755. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  217-391   (Int.  215),  219   (Int.  217). 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  73. 


Appropria- 
tion  of 
public 
property 
for   local 
or  private 
purposes ; 
two-thirds 
Tote  re- 
quired 


1  §  20.  The  assent  of  two-thirds  of  the  members  elected  to 

2  each  branch  of  the  Legislature  shall  be  requisite  to  every  bill 

3  appropriating  the  public  moneys  or  property  for  local  or 

4  private  purposes. 

Source 

Const.  1821,  Art.  VII,  §  9;  amended,  Const.  1846,  Art.  I,  §  9;  con- 
tinued without  change  in  Const.  1894,  Art.  Ill,  §  20. 


is  For  references  to  the  court  of  claims  see  Supplemental  Notes  following 
Article  XV,  post,  under  the  title  Court  of  claims. 


I]  TEXT  IN  FOECE  APEIL  6,  1915,  WITH  NOTES  41 

Article  III,  §  22 

Lincoln's  Constitutional  History 

For  comment  on  this  section  and  court  decisions  construing  it,  see 
IV  :435-439. 

This  section,  as  it  existed  in  the  Constitution  of  1821,  included  the 
following  words  at  the  end  thereof,  namely  "  or  creating,  continuing, 
altering,  or  renewing,  any  body  politic  or  corporate."     For  court 
decisions  construing  this  provision,  see  1:215-216. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  81,  219  (Int.  217). 


1  §  21.  No  money  shall  ever  be  paid  out  of  the  treasury  of 

2  this  State,  or  any  of  its  funds,  or  any  of  the  funds  under  its 

3  management,  except  in  pursuance  of  an  appropriation  by 

4  law  ;  nor  unless  such  payment  be  made  within  two  years  next 

5  after  the  passage  of  such  appropriation  act;  and  every  such 

6  law  making  a  new  appropriation,  or  continuing  or  reviving 

7  an  appropriation,  shall  distinctly  specify  the  sum  appro- 

8  priated,  and  the  object  to  which  it  is  to  be  applied;  and  it 

9  shall  not  be  sufficient  for  such  law  to  refer  to  any  other  law 
10  to  fix  such  sum. 

Source 

Const.  1846,  Art.  VII,  §  8;  continued  without  change  in  Const.  1894, 

Art.  Ill,  §  21. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:439-440. 
References  to  constitutional  conventions. 

1846.  11:182-184. 
Debates  of  constitutional  conventions 

1846.  940-943   (Sept.  22).     1867.  111:1840. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894  :  see  Proposed  Constitutional 

Amendments,  Overture  No.  219  (Int.  217). 
In  the  legislature,  1895-1914  :  see  Part  II,  post,  p.  74. 


1  §  22.  No  provision  or  enactment  shall  be  embraced  in  the 

2  annual  appropriation  or  supply  bill,  unless  it  relates  specifi-  j^0 

3  cally  to  some  particular  appropriation  in  the  bill;  and  anysubjecta 

4  such  provision  or  enactment  shall  be  limited  in  its  operation 

5  to  such  appropriation. 

Source 

Const.  1894,  Art.  Ill,  §  22. 


42  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  III,  §  23 

Lincoln's  Constitutional  History 

References  to  constitutional  conventions. 

1894.  111:244-245. 

Debates  of  constitutional  conventions 
1894.  11:599-601  (11:945-946). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  11-418  (Int.  II),14  299  (Int.  295). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  75. 

statutory     i  §  23.  Sections  seventeen  and  eighteen  of  this  article  shall 

m  ^  not  aPP*v  to  anv  kill,  or  ^6  amendments  to  any  bill,  which 

^  shall  be  reported  to  the  Legislature  by  commissioners  who  have 

4  been  appointed  pursuant  to  law  to  revise  the  statutes. 

Source 

Amendment  of  1874. 
Lincoln's  Constitutional  History 

For  comment  upon  this  section  and  the  judicial  construction  thereof, 

see  IV:441. 
References  to  constitutional  conventions  and  commissions. 

1872.  11:505-507. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  154,  299  (Int.  295). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  75. 

to"  tltJ8    *        §  ^*  Every  law  which  imposes,  continues  or  revives  a  tax 

XSS*  and  ^  S^^  distinctly  state  the  tax  and  the  object  to  which  it  is  to  be 

3  applied,  and  it  shall  not  be  sufficient  to  refer  to  any  other  law 

4  to  fix  such  tax  or  object. 

Source 

Const.  1846,  Art.  VII,  §  13;  continued  without  change  in  amendments 

of  1874,  Art.  Ill,  §  20,  and  in  Const.  1894,  Art.  Ill,  §  24. 
Lincoln's  Constitutional  History 

For  judicial  decisions  construing  this  section,  see  IV:441-444. 
References  to  constitutional  conventions. 

1846.  11:182. 
Debates  of  constitutional  conventions 

1867.  111:1881-1882. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  257  (Int.  255). 


i*  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FOKCE  APRIL  6,  1915,  WITH  NOTES  43 

Article  III,  §  26 

1  §  25.  On  the  final  passage,  in  either  house  of  the  Legisla- 

2  ture,  of  any  act  which  imposes,  continues  or  revives  a  tax,  or 

3  creates  a  debt  or  charge,  or  makes,  continues  or  revives  any 

4  appropriation  of  public  or  trust  money  or  property,  or  releases, 

5  discharges  or  commutes  any  claim  or  demand  of  the  State,  the 

6  question  shall  be  taken  by  yeas  and  nays,  which  shall  be  duly 

7  entered  upon  the  journals,  and  three-fifths  of  all  the  members 

8  elected  to  either  house  shall,  in  all  such  cases,  be  necessary  to 

9  constitute  a  quorum  therein. 

Source 

Const.  1846,  Art.  VII,  §  14;  continued  without  change  in  the  amend- 

ments of  1874,  Art.  Ill,  §  21,  and  in  Const.  1894,  Art.  Ill,  §  25. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:444-445. 
Debates  of  constitutional  conventions 

1867.  111:1992-2018,  2250-2259. 


1  §  26.  There  shall  be  in  each  county,  except  in  a  county 

2  wholly  included  in  a  city,  a  board  of  supervisors,  to  .be  com- 

3  posed  of  such  members  and  elected  in  such  manner  and  for 

4  such  period  as  is  or  may  be  provided  by  law.    In  a  city  which 

5  includes  an  entire  county,  or  two  or  more  entire  counties,  the 

6  powers  and  duties  of  a  board  of  supervisors  may  be  devolved 

7  upon  the  municipal  assembly,  common  council,  board  of  alder- 

8  men  or  other  legislative  body  of  the  city. 

Source 

Amendments  of  1874,  Art.  Ill,  §  22;  continued  without  change  in 

Const.  1894,  Art.  Ill,  §  26;  amended  in  1899.15 
Lincoln's  Constitutional  History 

For  history  of  the  legislation  relating  to  New  York  city  and  to  the 
erection   of  the   county   of  Nassau,   resulting   from   the   situation 
created  by  this  constitutional  provision,  see  IV  :445-447. 
References  to  constitutional  conventions  and  commissions. 

1867.  11:348-351.    1872.  502-504. 
Debates  of  constitutional  conventions 
1846.  1069-1070  (Oct.  7). 
1867.  V:3509-3523,  3653-3663. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894  :  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  55,  286  (Int.  284),  341  (Int.  332). 
In  the  legislature,  1895-1914  :  see  Part  II,  post,  pp.  75-76. 


is  For  the  legislative  history  of  this  amendment  and  the  action   of  the 
people  thereon,  see  Part  II,  post,  pp.  75-76. 


44 


YORK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  III,  §  27 


Delegation 
of  local 
legislative 
and    admin- 
istrative 
powers 


1  §  27.  The  legislature  shall,  by  general  laws,  confer  upon 

2  the  boards  of  supervisors  of  the  several  counties  of  the  state 

3  such  further  powers  of  local  legislation  and  administration 

4  as  the  legislature  may,  from  time  to  time,  deem  expedient, 

5  and  in  counties  which  now  have,  or  may  hereafter  have, 

6  county  auditors  or  other  fiscal  officers,  authorized  to  audit 
1  bills,    accounts,    charges,   claims    or   demands    against   the 

8  county,  the  legislature  may  confer  such  powers  upon  said 

9  auditors,  or  fiscal  officers,  as  the  legislature  may,  from  time 
10  to  time  deem  expedient.10 


Source 

Const.  1846,  Art.  Ill,  §  17;  amended  in  1874,  Art.  Ill,  §  24;  continued 

without  change  in  Const.  1894,  Art.  Ill,  §  27;  amended  1909.17 
Lincoln's  Constitutional  History 

For  comment  upon  this  section  and  court  decisions  construing  it, 

seeIV:448-451. 
References  to  constitutional  conventions  and  commissions. 

1872.  11:504. 
Debates  of  constitutional  conventions 

1846.  1069-1070  (Oct.  7).    1867.  1:756-757. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 

Amendments,  Overture  No.  250  (Int.  248). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  76-77. 


Extra  com-   1 

pensation 

to  public       2 

officers 

prohibited      3 


§  28.  The  Legislature  shall  not,  nor  shall  the  common  coun- 
cil of  any  city,  nor  any  board  of  supervisors,  grant  any  extra 
compensation  to  any  public  officer,  servant,  agent  or  con- 
tractor.171 


Source 

Amendments  of  1874,  Art.  Ill,  §  24;  continued  without  change  in 

Const.  1894,  Art.  Ill,  §  28. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:451^53. 
References  to  constitutional  conventions  and  commissions. 

1867.  11:322-323,   327-328.     1872.  11:504-505.     1894.  111:297- 
298. 


ie  For  local  option  in  the  sale  of  intoxicating  liquors,  see  Supplemental 
Notes  following  Article  XV,  post,  under  the  title  Intoxicating  liquors. 

IT  For  legislative  history  of  this  amendment  and  action  of  people  thereon, 
see  Part  II,  post,  p.  76. 

i7a  See  notes  to  Art.  X,  §  9,  and  to  §  18,  lines  16-18,  of  this  Article. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  45 

Article  III,  §  29 

Debates  of  constitutional  conventions 
1867.  IV:2776-2777;  V:3S70-3873. 

1894.1:1184-1190    (11:621-624);   11:704-746    (111:1011-1027);   II: 
748-765  (111:1027-1038). 


1  §  29.  The  Legislature  shall,  by  law,  provide  for  the  occu- 

2  pation  and  employment  of  prisoners  sentenced  to  the  several 

3  state  prisons,  penitentiaries,  jails  and  reformatories  in  the 

4  State  ;  and  on  and  after  the  first  day  of  January,  in  the  year  contract 

5  one  thousand  eight  hundred  and  ninety-seven,  no  person  in 


6  any  such  prison,  penitentiary,  jail  or  reformatory,  shall  be 

7  required  or  *allowd  to  work  while  under  sentence  thereto, 

8  at  any  trade,  industry  or  occupation,  wherein  or  whereby  his 

9  work,  or  the  product  or  profit  of  his  work,  shall  be  farmed 

10  out,  contracted,  given  or  sold  to  any  person,  firm,  association 

11  or  corporation.    This  section  shall  not  be  construed  to  prevent  ^a°trek0fror 

12  the  Legislature  from  providing  that  convicts  may  work  for, 

13  and  that  the  products  of  their  labor  may  be  disposed  of  to, 

14  the  State  or  any  political  division  thereof,  or  for  or  to  any 

15  public  institution  owned  or  managed  and  controlled  by  the 

16  State,  or  any  political  division  thereof. 

Source 

Const.  1894,  Art.  Ill,  §  29. 
Lincoln's  Constitutional  History 

For  an  exhaustive  history  of  legislation  in  this  state  on  the  subject 
of  convict  labor,  including  references  to  governors'  messages  and 
special  reports,  from  1796  to  1894,  see  III  :246-287. 
For  court  decisions  construing  this  section,  see  IV:453-454. 
References  to  constitutional  conventions. 

1894.  111:287-297. 
Debates  of  constitutional  conventions 

1894.  111:163-238  (111:1369-1409);  IV:513-533  (V:2248-2259),  IV: 

1236-1249  (VI:2670-2679). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  117-392  (Int.  117).  18 
lu  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  78-79. 


18  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 
*  So  in  original. 


YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  IV,  §  1 


Governor 
and  lieu- 
tenant- 
governor  ; 
term   of 
office 


ARTICLE  IV 

1  Section  1.  The  executive  power  shall  be  vested  in  a  Governor, 

2  who  shall  hold  his  office  for  two  years ;  a  Lieutenant-Governor 

3  shall  be  chosen  at  the  same  time,  and  for  the  same  term.    The 

4  Governor  and  Lieutenant-Governor  elected  next  preceding  the 

5  time  when  this  section  shall  take  effect,  shall  hold  office  until 

6  and  including  the  thirty-first  day  of  December,  one  thousand 

7  eight  hundred  and  ninety-six,  and  their  successors  shall  be 

8  chosen  at  the  general  election  in  that  year. 


Source 

Const.  1777,  Arts.  XVII  and  XX;  amended,  Const.  1821,  Art.  Ill, 
§  1 ;  amended,  Const.  1846,  Art.  IV,  §  1 ;  amended  in  1874,  Art.  IV, 
§  I;1  amended,  Const.  1894,  Art.  IV,  §  1. 
Lincoln's  Constitutional  History 

For  historical  statement  on  the  office  of  governor  from  1621  to  1894, 
with  comment  thereon,  see  IV:454-461.     For  corresponding  state- 
ment on  the  office  of  lieutenant-governor  from  1697  to  1777,  see 
IV  :461-463. 
References  to  constitutional  conventions  and  commissions. 

1777.  1:524-527.     1821.  1:672,   668.     1846.  11:133,  135.     1872. 

11:511-512.     1894.  111:306-309. 
Debates  of  constitutional  conventions 

1821.  137-141   (Sept.  12),  145-158   (Sept.  13),  174-177  (Sept.  18), 

546-551  (Oct.  27). 
1846.  167-172  (June  26). 
1867.  II  :884-885,  888-893. 

1894.  IV:208-218  (V:2091-2097),  IV.-724-727  (V:2371-2373). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  4,  43,  129,  275    (Int.  273),  35-457 
(Int.  35). 2 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  81. 


Governor 
and  lieu- 
tenant- 
governor  ; 

qualifica- 
tions 


1  §  2.  No  person  shall  be  eligible  to  the  office  of  Governor  or 

2  Lieutenant-Governor,  except  a  citizen  of  the  United  States, 

3  of  the  age  of  not  less  than  thirty  years,  and  who  shall  have 


the  text  of  the  amendment   of  1874,   see  Lincoln's   Constitutional 
History,  I:  303. 

2  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution.  • 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  47 


Article  IV,  §  3 


4  been  five  years  next  preceding  his  election  a  resident  of  this 

5  State/5 

Source 

Const.  1777,  Art.  XVII;  amended,  Const.  1821,  Art.  Ill,  §  2;  amended, 
Const.  1846,  Art.  IV,   §   2;   amended  in  1874;  continued  without 
change  in  Const.  1894,  Art.  IV,  §  2. 
Lincoln's  Constitutional  History 

For  brief  historical  statement  of  the  constitutional  qualifications  of 

governor  from  1777,  see  IV  :463-464. 
References  to  constitutional  conventions  and  commissions. 

1821.  1 :668.    1846.  II  :133,  135.    1872.  II  :512. 
Debates  of  constitutional  conventions 

1846.  Necessity  for  restrictive  qualifications.    177-182  (June  27),  186- 

220   (June  29- July  1),  227-265   (July  7-8). 
Age.    186-220  (June  29- July  1),  227-265  (July  7-8),  268-278 

(July  9-10). 
Residence.     186-220    (June  29-July  1),  227-265   (July  7-8), 

339-346   (July  17). 
Native  born.     172-175  (June  26). 
1867.  11:893-894. 


1  §  3.  The    Governor    and    Lieutenant-Governor    shall    be 

2  elected  at  the  times  and  places  of  choosing  members  of  the  and 

tenant- 

3  Assembly.    The  persons  respectively  having  the  highest  num-  governor 

4  ber  of  votes  for  Governor  and  Lieutenant-Governor  shall  be 

5  elected ;  but  in  case  two  or  more  shall  have  an  equal  and  the  Tie  vote 

6  highest  number  of  votes  for  Governor,  or  for  Lieutenant- 

7  Governor,  the  two  houses  of  the  Legislature  at  its  next  annual 

8  session  shall  forthwith,  by  joint  ballot,  choose  one  of  the  said 

9  persons  so  having  an  equal  and  the  highest  number  of  votes 
10  for  Governor  or  Lieutenant-Governor. 

Source 

Const.  1777,  Art.  XVII;  amended,  Const.  1821,  Art.  Ill,  §  3;  con- 
tinued without  change  in  Const.  1846,  Art.  IV,  §  3. 
Lincoln's  Constitutional  History 

For  historical  statement  of  the  times  for  electing  the  governor  and 

lieutenant-governor  from  1778,  see  IV:464-465. 
Debates  of  constitutional  conventions 

1821.  123-124  (Sept.  10),  136  (Sept.  12). 
1867.  11:894;  V:3621-3622. 


3  For  former  property  qualifications  of  governor  and  his  ineligibility  to 
other  offices,  see  Supplemental  Notes  following  Article  XV,  post,  under  the 
title  Governor. 


48  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  IV,  §  4 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  35-457  (Int.  35),  332  (Int.  324). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  82. 


Governor  ; 
powers 
and  duties 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

Salary 

12 

13 

Executive 
residence 

14 

15 

§  4.  The  Governor  shall  be  Commander-in-Chief  of  the 
military  and  naval  forces  of  the  State.  He  shall  have  power 
to  convene  the  Legislature,  or  the  Senate  only,  on  extraor- 
dinary occasions.  At  extraordinary  sessions  no  subject 
shall  be  acted  upon,  except  such  as  the  Governor  may  recom- 
mend for  consideration.  He  shall  communicate  by  message 
to  the  Legislature  at  every  session  the  condition  of  the  State, 
and  recommend  such  matters  to  it  as  he  shall  judge  expedient. 
He  shall  transact  all  necessary  business  with  the  officers  of 
government,  civil  and  military.  He  shall  expedite  all  such 
measures  as  may  be  resolved  upon  by  the  Legislature,  and 
shall  take  care  that  the  laws  are  faithfully  executed.  He 
shall  receive  for  his  services  an  annual  salary  of  ten  thousand 
dollars,  and  there  shall  be  provided  for  his  use  a  suitable 
and  furnished  executive  residence.4 


Source 

Const.  1777,  Art.  XVIII;  amended,  Const.  1821,  Art.  Ill,  §  4;  con- 
tinued without  change  in  Const.  1846,  Art.  IV,  §  4;  amended  in 
1874,4a  amended,  Const.  1894,  Art.  IV,  §  4. 
Lincoln's  Constitutional  History 

Mr.  Lincoln  divides  his  consideration  of  this  section  into  the  follow- 
ing topics:  military  authority,  IV:466-467;  extraordinary  sessions 
of  the  legislature,  IV:467-469;  messages  and  recommendations  to 
the  legislature,  IV  :469-470 ;  transaction  of  public  business,  IV  :470 ; 
expedite  public  measures,  IV:470-471;   "take  care  that  the  laws 
are  faithfully  executed,"  IV:471;  compensation,  IV:471-472. 
References  to  constitutional  conventions  and  commissions. 
1777.  General  powers,  1 :526-528. 

1821.  General    powers,    1:668-669;    messages,    1:670-671;    com- 
pensation, 1 :669-670. 

1846.  General  powers,  11:134;  compensation,  11:133. 
1867.  Extraordinary  sessions,  II  :330-331. 
1872.  General  powers  and  compensation,  11:512-517. 


*For  references  to  the  former  council  of  appointment,  see  Supplemental 
Notes  following  Article  XV,  post,  under  that  title.  For  governor's  power 
of  appointment,  removal  and  extradition,  see  Supplemental  Notes  under  the 
titles  Appointment,  power  of,  Kemoval,  power  of,  and  Governor,  respec- 
tively. 

4aFor  text  of  the  constitutional  amendment  of  1874,  see  Lincoln's  Con- 
stitutional History,  1:303-304. 


I]  TEXT  IN  FORCE  APEIL  6,  1915,  WITH  iNoxES  49 

Article  IV,  §  5 

Debates  of  constitutional  conventions 
1821.  Messages,  173-174  (Sept.  18). 
1846.  General  powers,  152-156   (June  24) ;  military  authority,  349- 

350   (July  18);  compensation,  163-164   (June  25),  284-288   (July 

11). 

1867.  General  powers,   11:1131-1132;   compensation,  1:666-667;   II: 
885-886,  894,  V:3611-3612,  3629-3630;  extraordinary  sessions,  V: 
3612-3614,  3614-3617. 
Texts  of  proposed  amendments 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  82-84. 

1  §  5.  The  Governor  shall  have  the  power  to  grant  reprieves, 

2  commutations  and  pardons  after  conviction,  for  all  offenses 

3  except  treason  and  cases  of  impeachment,  upon  such  con- 

4  ditions  and  with  such  restrictions  and  limitations,  as  he  may 

5  think  proper,  subject  to  such  regulations  as  may  be  provided 

6  by  law  relative  to  the  manner  of  applying  for  pardons. 

7  Upon  conviction  for  treason,  he  shall  have  power  to  suspend  Treason; 

8  the  execution  of  the  sentence,  until  the  case  shall  be  reported  "iJ?<£J  K-°" 

9  to  the  Legislature  at  its  next  meeting,  when  the  Legislature 

10  shall  either  pardon,  or  commute  the  sentence,  direct  the  ex- 

11  ecution  of  the  sentence,  or  grant  a  further  reprieve.    He  shall  Annual 

.  _  ,,  .  .,!         »         •   *    j  i  «  communica- 

12  annually  communicate  to  the  Legislature  each  case  of  re-  tion  to 

+  n  •  ,  •  i  -i  A'  Mt  n  legislature 

13  pneve,  commutation  or  pardon  granted,  stating  the  name  of  of  reprieves. 

14  the  convict,  the  crime  of  which  he  was  convicted,  the  sentence  e 

15  and  its  date,  and  the  date  of  the  commutation,  pardon  or 

16  reprieve. 

Source 

Const.    1777,   Art.    XVIII;    amended,    Const.    1821,   Art.   Ill,    §    5; 

amended,  Const.  1846,  Art.  IV,  §  5. 
Lincoln's  Constitutional  History 

For  brief  historical   note   on  this  section   and  court   decisions  con- 
struing it,   see   IV:473-475,  532,  730.     For  note   on  extradition, 
see  IV:476-477. 
References  to  constitutional  conventions. 

1821.  Murder  included,  1:669.     1846.  Report  to  legislature,  II: 
135-136.     1867.  Board   of   pardons,   11:329-330.     1894.  Ill: 
310-311. 
Debates  of  constitutional  conventions 

1821.  Murder  included,  124  (Sept.  10);  impeachment  excepted,  124 
(Sept.  10);  report  to  legislature,  125-128  (Sept.  10);  exclusive 
power,  129-133  (Sept.  11). 


50 


YORK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  IV,  §  6 


1846.  Report  to  legislature,  290-304    (July  13-14),  350-357    (July 

18-20). 
1867.  Executive   power,   11:933-935;   limitation,   11:1206;   report  to 

legislature,  11:1207-1210,  V:3617-3618;  board  of  pardons,  11:1196- 

1206,  1181-1192. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  14,  30,  78,  135,  152,  161,  191   (Int. 

190),  204  (Int.  202),  220  (Int.  218). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  84-85. 


When    lieu- 
tenant- 
governor 
to  act  as 
governor 


When  gov- 
ernor con- 
tinues as 
commander 
in-chief 
though  out 
of  state 


1  §  6.  In  case  of  the  impeachment  of  the  Governor,  or  his 

2  removal  from  office,  death,  inability  to  discharge  the  powers 

3  and  duties  of  the  said  office,  resignation,  or  absence  from  the 

4  State,  the  powers  and  duties  of  the  office  shall  devolve  upon 

5  the  Lieutenant-Governor  for  the  residue  of  the  term,  or  until 

6  the  disability  shall  cease.    But  when  the  Governor  shall,  with 

7  the  consent  of  the  Legislature,  be  out  of  the  State,  in  time  of 

8  war,  at  the  head  of  a  military  force  thereof,  he  shall  continue 

9  Commander-in-Chief  of  all  the  military  force  of  the  State. 

Source 

Const.  1777,  Art.  XX ;  amended,  Const.  1821,  Art.  Ill,  §  6 ;  amended, 

Const.  1846,  Art.  IV,  §  6. 
Lincoln's  Constitutional  History 

For  historical  statement  of  the  succession  to  the  governorship  under 

the  Constitution  in  this  state,  see  IV:477-481. 
References  to  constitutional  conventions. 

1777.  1:528-530.    1821.  1:669.    1846.  11:133. 
Debates  of  constitutional  conventions 
1846.  304-308  (July  14). 


Lieutenant- 
governor; 
qualifica- 
tions 

President 
of  senate 

Succession 
to  office  of 
governor 


1  §  7.  The  Lieutenant-Governor5  shall  possess  the  same  quali- 

2  flcations  of  eligibility  for  office  as  the  Governor.    He  shall  be 

3  president  of  the  Senate,  but  shall  have  only  a  casting  vote 

4  therein.    If  during  a  vacancy  of  the  office  of  Governor,  the 

5  Lieutenant-Governor  shall  be  impeached,  displaced,  resign, 

6  die,  or  become  incapable  of  performing  the  duties  of  his  office, 

7  or  be  absent  from  the  State,  the  President  of  the  Senate  shall 

8  act  as  Governor  until  the  vacancy  be  filled  or  the  disability 

9  shall  cease ;  and  if  the  President  of  the  Senate  for  any  of  the 


5  For  suggested  abolition  of  office  of  lieutenant-governor,  see  notes  to 
Art.  IV,  $  1. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  51 

Article  IV,  §  8 

10  above  causes  shall  become  incapable  of  performing  the  duties 

11  pertaining  to  the  office  of  Governor,  the  Speaker  of  the  As- 

12  sembly  shall  act  as  Governor  until  the  vacancy  be  filled  or  the 

13  disability  shall  cease. 

Source 

Const.  1877,  Art.  XX;  amended,  Const.  1821,  Art.  Ill,  §  7;  amended, 

Const.  1846,  Art.  IV,  §  7;  amended,  Const.  1894,  Art.  IV,  §  7. 
Lincoln's  Constitutional  History 

For  comment  upon  the  provision  giving  the   lieutenant-governor  a 

casting  vote,  see  IV:482. 

For  history  of  the  office  of  temporary  president  of  the  senate  and  the 
succession   to   the   governorship   of  the   temporary   president,   see 
IV  :483-491. 
For  history  of  the  provision  extending  the  succession  to  the  speaker 

of  the  Assembly,  see  IV  :491. 
References  to  constitutional  conventions.  • 

1777.  Succession   to  governorship,   1:530-531;   qualifications,  I: 

528-530. 

1821.  Qualifications,  1:669. 
1894.  Succession  to  governorship,  111:309-310;  president  of  the 

senate,  IV:482-483. 
Debates  of  constitutional  conventions 

1894.  Succession  to  governorship,  1:939-950    (1:495-501);   IV:397- 

401  (V:2186-2188). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  271-368  (Int.  269  ).6 


1  §  8.  The  Lieutenant-Governor  shall  receive  for  his  services  salary  of 

2  an  annual  salary  of  five  thousand  dollars,  and  shall  not  receive  go 

3  or  be  entitled  to  any  other  compensation,  fee  or  perquisite,  for 

4  any  duty  or  service  he  may  be  required  to  perform  by  the  Con- 

5  stitution  or  by  law. 

Source 

Const.  1846,  Art.  IV,  §  8;  amended  in  1874. 
Lincoln's  Constitutional  History 

For    historical    statement    of    the    compensation    of    the    lieutenant- 
governor  in  this  colony  and  state,  see  IV:492-493. 
References  to  constitutional  conventions  and  commissions. 

1846.  11:133.    1872.  11:517-518. 
Debates  of  constitutional  conventions 

1846.  163-164  (June  25).    1867.  11:886,  894. 


e  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


YOKK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article   IV,    §    9 


Passage  of 
bills   over 
veto 


Ten  day 
bills 


Governor's         1 
power    over 
legislation         O 

3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 


Thirty  day 
bills 


Appropria- 
tion  bills; 
governor 
may    object 
to  one  or 
more   items 


§  9.  Every  bill  which  shall  have  passed  the  Senate  and 
Assembly  shall,  before  it  becomes  a  law,  be  presented  to  the 
Governor ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall 
return  it  with  his  objections  to  the  house  in  which  it  shall 
have  originated,  which  shall  enter  the  objections  at  large  on 
the  journal,  and  proceed  to  reconsider  it.  If  after  such  recon- 
sideration, two-thirds  of  the  members  elected  to  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent  together  with  the 
objections  to  the  other  house  by  wliieh  it  shall  likewise  be  re- 
considered; and  if  approved  by  two-thirds  of  the  members 
elected  to  that  house,  it  shall  become  a  law  notwithstanding 
the  objections  of  the  Governor.  In  all  such  cases,  the  votes  in 
both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  shall  be  entered  on  the  journal 
of  each  house  respectively.  If  any  bill  shall  not  be  returned 
by  the  Governor  within  ten  *day  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it,  unless  the  Legislature  shall, 
by  their  adjournment,  prevent  its  return,  in  which  case  it  shall 
not  become  a  law  without  the  approval  of  the  Governor.  No 
bill  shall  become  a  law  after  the  final  adjournment  of  the 
Legislature,  unless  approved  by  the  Governor  within  thirty 
days  after  such  adjournment.  If  any  bill  presented  to  the 
Governor  contain  several  items  of  appropriation  of  money, 
he  may  object  to  one  or  more  of  such  items  while  approving 
of  the  other  portion  of  the  bill.  In  such  case,  he  shall  append 
to  the  bill,  at  the  time  of  signing  it,  a  statement  of  the  items 
to  which  he  objects;  and  the  appropriation  so  objected  to 
shall  not  take  effect.  If  the  Legislature  be  in  session,  he 
shall  transmit  to  the  house  in  which  the  bill  originated  a  copy 
of  such  statement,  and  the  items  objected  to  shall  be  sepa- 
rately reconsidered.  If  on  reconsideration  one  or  more  of 
such  items  be  approved  by  two-thirds  of  the  members  elected 
to  each  house,  the  same  shall  be  part  of  the  law,  notwith- 
standing the  objections  of  the  Governor.  All  the  provisions 
of  this  section,  in  relation  to  bills  not  approved  by  the  Gov- 
ernor, shall  apply  in  cases  in  which  he  shall  withhold  his 


*  So  in  original. 


I]  TEXT  ix  FORCE  APRIL  6,  1915,  WITH 


Article   IV,    §    9 


38  approval  from  any  item  or  items  contained  in  a  bill  appro- 

39  priating  money.7 

Source 

Const.  1821,  Art.  I,  §  12;  amended,  Const.  1846,  Art.  IV,  §  9;  amended 

in  1874.    See  also,  Const.  1777,  Art.  III. 
Lincoln's  Constitutional  History 

For  general  discussion  of  the  governorship  as  a  part  of  the  legislative 
system  of  the  state,  including  his  veto  power  and  that  formerly 
exercised  by  the  Council  of  Revision,  see  IV  :494-497.  For  further 
references  on  the  veto  power,  see  below. 

Mr.  Lincoln  also  discusses  the  following  topics  included  within  this 

section,  namely:  presentment  of  bills  to  the  governor,  IV:497-498; 

consideration  of  bills  by  the  governor,  IV:498-499;  recall  of  bills 

from  the  governor,  IV:499-501;  action  on  bills  by  the  governor, 

including  ten-day  period  and  thirty-day  period,  IV:501-507. 

For  detailed  history  of  the  causes  leading  up  to  the  constitutional 

amendment  of  1874  establishing  the  thirty-day  period  for  executive 

consideration  of  bills  after  the  adjournment  of  the  legislature,  see 

II  :331-338. 

For  the  consideration  by  the  governor  of  city  bills,  see  notes  under 

Art.  XII,  §  2,  post. 

References  to  constitutional  conventions  and  commissions. 
1777.  Council  of  revision,  1 :554-556. 
1821.  Abolition  of  council  of  revision  and  transfer  of  veto  power 

to  the  governor,  1:639-640. 
1846.  Executive  action  on  bills  after  adjournment  of  legislature 

and  re-passage  of  vetoed  bills,  11:134—135. 

1867.  Veto  power  of  governor  (including  power  to  veto  specific 
portions  of  a  bill),  and  re-passage  of  vetoed  bills,  11:339-343, 
111:245. 

1872.  Changes  in  veto  power  of  the  governor  (incorporated  in 
the  constitutional  amendments  of  1874),  including  power  to 
veto  separate  items  in  appropriation  bills,  11:518-520. 
1894.  Proposal  to  establish  a  council  of  revision;  executive  con- 
sideration of  bills,  and  re-passage  of  vetoed  bills,  111:311-312. 
Debates  of  constitutional  conventions 

1821.  Veto  power,  44-120   (Sept,  4-8),  545   (Oct.  27). 

1846.  Veto  power  and  re-passage  of  vetoed  bills,  324-337  (July  16), 

360-370  (July  20). 

1867.  Re-passage  of  vetoed  bills,  1:667,  11:886-888,  1109-1131;  time 
limit,    11:894-895,    V:3619-3621;    limited    to    constitutionality    of 
bills,  1:668-669;  veto  of  specific  items,  11:1109-1131. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  35-457  (Int.  35),  151,  188  (Int.  187), 
205  (Int.  203),  231  (Int.  229). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  85-86. 

7  For  references  to  the  former  council  of  revision,  see  Supplemental  Notes 
following  Article  XV,  post,  under  that  title. 


54  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  V,   §    1 


ARTICLE  V1 

Election       1        Section  1.  The  Secretary  of  State,  Comptroller,  Treasurer, 
<*  evtaia     2    Attorney-  General  and  State  Engineer  and  Surveyor  shall  be 


3  chosen  at  a  general  election,  at  the  times  and  places  of  elect- 

4  ing  the  Governor  and  Lieutenant-Governor,  and  shall  hold 

5  their  offices  for  two  years,  except  as  provided  in  section  two 
g  of  ^is  article.2    Each  of  the  officers  in  this  article  named, 

7  excepting  the  Speaker  of  the  Assembly,  shall  at  stated  times 

8  during  his  continuance  in  office,  receive  for  his  services  a 

9  compensation  which  shall  not  be  increased  or  diminished  dur- 

10  ing  the  term  for  which  he  shall  have  been  elected  ;  nor  shall  he 

11  receive  to  his  use  any  fees  or  perquisites  of  office  or  other 
nee?  aendgi~  ^  compensation.     No  person  shall  be  elected  to  the  office  of 
£r  practice  13  State  Engineer  and  Surveyor  who  is  not  a  practical  civil 
civil  engi-  14  engineer. 

Source 

Const,  1821,  Art.  IV,  §  6;  amended,  Const.  1846,  Art.  V,  §§  1  and  2; 
amended,  Const.  1894,  Art.  V,  §  1.     See  also,  Const.  1777,  Art. 
XXIII;  amendments  of  1801,  Art.  5.3 
Lincoln's  Constitutional  History 

For  court  decisions  relating  to  state  officers,  see  IV  :299,  508. 
For  remarks  on  state  officers  in  general,  with  special  reference  to  the 
appointment   of  some  of  them  by  the  governor  instead  of  their 
election  by  the  people,  see  II  :520-532,  and  IV  :456-458. 
References  to  constitutional  conventions  and  commissions. 
1777.  Treasurer,  1  :531. 

1821.  State  officers,  how  chosen,  1:671;  term,  1:672. 
1846.  State  officers,  11:136-137;  engineer,  11:137. 
1867.  Attorney-general,  11:343-346;  compensation,  11:327-328; 

term,  401. 
1872.  Treasurer,  II  :534-535. 


1  For  references  to  subjects  coming  within  the  general  scope  of  Article 
V  but  which  cannot  be  specifically  assigned  to  any  particular  section  thereof, 
see  Supplementary  Notes  following  Article  XV,  post,  under  the  titles  Com- 
missions, Congressional  delegates,  Police,  Kailroads,  State  officers. 

2  For  the  appointment  and  removal  of  state  officers  and  filling  of  vacancies, 
and  for  references  to  the  former  council  of  appointment,  see  Supplemental 
Notes  following  Article  XV,  post,  under  the  titles  Appointment,  power  of, 
and  Kemoval,  power  of. 

For  references  to  state  officers  not  named  in  this  section,  and  for  the 
abolition  of  property  qualifications  for  state  officers,  see  Supplemental  Notes 
under  the  title  State  officers. 

a  For  the  text  of  the  amendments  of  1801,  see  Lincoln 's  Constitutional 
History,  I:  189-191. 


I]  TEXT  IN  FORCE  APKIL  6,  1915,  WITH   XOTES  55 

Article  V,   §   2 

Debates  of  constitutional  conventions 

1821.  State  officers,  how  chosen,  302-307   (Oct. .  1). 

1846.  State  officers,  how  chosen,  480-481  (July  31);  term,  480-481 
(July  31) ;  treasurer,  how  chosen,  501-502  (Aug.  3) ;  engineer 
and  surveyor,  505-508  (Aug.  4),  520-526  (Aug.  5) ;  compensating 
150-151  (June  24),  480-481  (July  31),  496-501  (Aug.  3),  517-520 
(Aug.  5). 

1867.  State  officers,  11:1009-1011;  how  chosen,  11:1235-1269,  1272- 
1280;  time  of  election,  V:3631-3632;  compensation,  11:1285;  engi- 
neer and  surveyor,  abolition,  11:1280-1283,  1286-1287;  comptroller, 
111:1990,  2259-2261;  attorney-general,  11:1272-1282,  1284-1285; 
IV  -.2773-2776. 

1894.  Term,  IV:724-727  (V:2371-2373) ;  compensation,  IV:724-727 
(V:2371-2373);  engineer  and  surveyor,  qualifications,  IV:724-727 
(V:2371-2373). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  35-457  (Int.  35 ),4  37,  43,  362  (Int. 
353). 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  87. 


1        §  2.  The  first  election  of  the  Secretary  of  State,  Comp- 


2  troller,  Treasurer,  Attorney-General  and  State  Engineer  a&d  £™Blnof 

3  Surveyor,  pursuant  to  this  article  shall  be  held  in  the  year 


4  one  thousand  eight  hundred  and  ninety-five,  and  their  terms 

5  of  office  shall  begin  on  the  first  day  of  January  following,  and 

6  shall  be  for  three  years.    At  the  general  election  in  the  year  successors 

7  one  thousand  eight  hundred  and  ninety-eight,  and  every  two 

8  years  thereafter,  their  successors  shall  be  chosen  for  the  term 

9  of  two  years. 

Source 

Const.  1894,  Art.  V,  §  2. 
Lincoln's  Constitutional  History 

For  explanation  of  this  section,  see  IV:509. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  35^57  (Int.  35  ),5  43,  296  (Int.  292). 

In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  88. 


*  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

s  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


56 


YORK  STATE  CONSTITUTION  ANNOTATED         FPart 


Article  V,   §   3 


Superin- 
tendent  of 
public 
works;  ap- 
pointment, 
compensa- 
tion, 
powers 
and  duties 


Suspension 
or  removal 


Assistant 
superin- 
tendents 


Other   em- 
ployees 


Additional 
duties 


1  §  3.  A  Superintendent  of  Public  Works  shall  be  appointed 

2  by  the  Governor,  by  and  with  the  advice  and  consent  of  the 

3  Senate,  and  hold  his  office  until  the  end  of  the  term  of  the 

4  Governor  by  whom  he  was  nominated,  and  until  his  successor 

5  is  appointed  and  qualified.    He  shall  receive  a  compensation 

6  to  be  fixed  by  law.    He  shall  be  required  by  law  to  give 

7  security  for  the  faithful  execution  of  his  office  before  entering 

8  upon  the  duties  thereof.    He  shall  be  charged  with  the  ex- 

9  ecution  of  all  laws  relating  to  the  repair  and  navigation  of 

10  the  canals,  and  also  of  those  relating  to  the  construction  and 

11  improvement  of  the  canals,  except  so  far  as  the  execution  of 

12  the  laws  relating  to  such  construction  or  improvement  shall 

13  be  confided  to  the  State  Engineer  and  Surveyor;  subject  to 

14  the  control  of  the  Legislature,  he  shall  make  the  rules  and 

15  regulations  for  the  navigation  or  use  of  the  canals.    He  may 

16  be  suspended  or  removed  from  office  by  the  Governor,  when- 

17  ever,  in  his  judgment,  the  public  interest  shall  so  require; 

18  but  in  case  of  the  removal  of  such  Superintendent  of  Public 

19  Works  from  office,  the  Governor  shall  file  with  the  Secretary 

20  of  State  a  statement  of  the  cause  of  such  removal,  and  shall 

21  report  such  removal  and  the  cause  thereof  to  the  Legislature 

22  at  its  next  session.    The  *superintendent  of  Public  Works 

23  shall  appoint  not  more  than  three  assistant  superintendents, 

24  whose  duties  shall  be  prescribed  by  him,  subject  to  modifica- 

25  tion  by  the  Legislature,  and  who  shall  receive  for  their  serv- 

26  ices  a  compensation  to  be  fixed  by  law.    They  shall  hold  their 

27  office  for  three  years,  subject  to  suspension  or  removal  by 

28  the  Superintendent  of  Public  Works,  whenever,  in  his  judg- 

29  ment,  the  public  interest  shall  so  require.    Any  vacancy  in 

30  the  office  of  any  such  assistant  superintendent  shall  be  filled 

31  for  the  remainder  of  the  term  for  which  he  was  appointed, 

32  by  the  Superintendent  of  Public  Works;  but  in  case  of  the 

33  suspension  or  removal  of  any  such  assistant  superintendent 

34  by  him,  he  shall  at  once  report  to  the  Governor,  in  writing, 

35  the  cause  of  such  removal.    All  other  persons  employed  in 

36  the  care  and  management  of  the  canals,  except  collectors  of 

37  tolls,  and  those  in  the  department  of  the  State  Engineer  and 

38  Surveyor,  shall  be  appointed  by  the  Superintendent  of  Public 

39  Works,  and  be  subject  to  suspension  or  removal  by  him.    The 


*  So  in  original. 


I]  TEXT  ix  FORCE  APRIL  6,  1915,  WITH  NOTES  57 

Article  V,   §   4 

40  Superintendent  of  Public  Works  shall  perform  all  the  duties 

41  of  the  former  Canal  Commissioners,  and  Board  of  Canal  Com- 

42  missioners,  as  now  declared  by  law,  until  otherwise  provided 

43  by  the  Legislature.    The  Governor,  by  and  with  the  advice  vacancies 

44  and  consent  of  the  Senate,  shall  have  power  to  fill  vacancies 

45  in  the  office  of  Superintendent  of  Public  Works ;  if  the  Senate 

46  be  not  in  session,  he  may  grant  commissions  which  shall 

47  expire  at  the  end  of  the  next  succeeding  session  of  the  Senate. 

Source 

Amendment  of  1876,  Art.  V,  §  3;6  amended,  Const.  1894,  Art.  V,  §  3. 
Lincoln's  Constitutional  History 

For  court  decisions  relating  to  the  superintendent  of  public  works, 

see  IV:511-512,  516,  649,  666. 
References  to  constitutional  conventions. 

1846.  11:137-138.     1867.  11:355-357,  401.     1872.  11:535.     1894. 

111:313. 
Debates  of  constitutional  conventions 

1867.  Superintendent    of   public    works,    how   chosen,    11:1067-1068, 
111:2038-2041;  term,  111:2041-2046;  single  officer,  2046-2057;  sub- 
stitute, V:3633-3634;  assistants,  V:3636-3638,  3651-3652;  security, 
V:3634-3635;  care  of  canals,  111:2038-2057,  2347-2355;  removal, 
V  :3635-3636,  III  :2054-2055. 
1894.  Election,  IV:218-224   (V:2091-2100). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  43,  199  (Int.  198),  296  (Int.  292). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  89. 

1  §  4.  A  Superintendent  of  State  Prisons  shall  be  appointed  tseunpdeer^°"of 

2  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  £j£M. 

3  Senate,  and  hold  his  office  for  five  years,  unless  sooner  re-  ^ppn°tintl 

4  moved ;  he  shall  give  security  in  such  amount,  and  with  such  »™gaa  and 

5  sureties  as  shall  be  required  by  law  for  the  faithful  discharge 

6  of  his  duties ;  he  shall  have  the  superintendence,  management 

7  and  control  of  state  prisons,  subject  to  such  laws  as  now  exist 

8  or  may  hereafter  be  enacted ;  he  shall  appoint  the  agents, 

9  wardens,  physicians  and  chaplains  of  the  prisons.    The  agent 

10  and  warden  of  each  prison  shall  appoint  all  other  officers  of 

11  such  prison,  except  the  clerk,  subject  to  the  approval  of  the 

12  same  by  the  Superintendent.    The  Comptroller  shall  appoint 


« For  the  text  of  the  amendment  of   1876,   see  Lincoln's   Constitutional 
History,  I:  312-313. 


58 


YORK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  V, 


Clerks  of  13 
prisons 

appointed  14 
by  comp- 

troller  15 

16 

Removal  of  -fir 

superin-  •*• ' 

tendent  *o 


19 


the  clerks  of  the  prisons.  The  Superintendent  shall  have  all 
the  powers  and  perform  all  the  duties  not  inconsistent  here- 
with, which  were  formerly  had  and  performed  by  the  in- 
spectors of  State  Prisons.  The  Governor  may  remove  the 
Superintendent  for  cause  at  any  time,  giving  to  him  a  copy 
of  the  charges  against  him,  and  an  opportunity  to  be  heard 
in  his  defense. 


Source 

Amendment  of  1876,  Art.  V,  §  4;7  amended,  Const.  1894,  Art.  V, 

§  4.     See  also,  Const.  1846,  Art.  V,  §  4. 
Lincoln's  Constitutional  History 

For  historical  statement  on  state  prisons  and  state  prison  inspectors 

in  this  state  from  1796  to  1846,  see  II  :13S-140. 
References  to  constitutional  conventions  and  commissions. 

1846.  11:137.     1867.  11:375-378.     1872.  11:532-534.     1894.  Ill: 

313. 
Debates  of  constitutional  conventions 

1867.  111:1771-1777;  IV  :3182-3200 ;  V:3223-3229,  3231-3234. 
Texts  of  proposed  amendments . 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  43. 
In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  90. 


Commis- 
sioners of 
land  office 


Commis- 
sioners  of 
canal  fund 

Canal 
board 


1  §  5.  The  Lieutenant-Governor,  Speaker  of  the  Assembly, 

2  Secretary  of  State,  Comptroller,  Treasurer,  Attorney-General 

3  and  State  Engineer  and  Surveyor  shall  be  the  commissioners 

4  of  the  land  office.     The  Lieutenant-Governor,  Secretary  of 

5  State,  Comptroller,  Treasurer  and  Attorney-General  shall  be 

6  the  commissioners  of  the  canal  fund.    The  canal  board  shall 

7  consist  of  the  commissioners  of  the  canal  fund,  the  State 

8  Engineer  and  Surveyor,  and  the  Superintendent  of  Public 

9  Works.8 


Source 

Const.  1846,  Art.  V,  §  5 ;  amended,  Const.  1894,  Art.  V,  §  5. 
Lincoln's  Constitutional  History 

See,  generally,  1:696-697;  11:137,  535;  111:393;  IV:164,  513. 
References  to  constitutional  conventions  and  commissions. 
1846.  11:137.     1872.  11:535,  538.     1894.  IV:513. 


7  For  history  of  the  constitutional  amendment  of  1876,  and  matters  relat- 
ing thereto,  see  Lincoln's  Constitutional  History,  II:  583-584. 

8  For  references  to  canal  auditor,  see  Supplemental  Notes  following  Article 
XV,  post,  under  the  title  State  officers. 


I]  TEXT  ix  FORCE  APRIL  6,  1915,  WITH  NOTES  59 

Article  V,   §   8 

Debates  of  constitutional  conventions 

1846.  Canal  commissioners,  534    (Aug.  6). 

1867.  Canal  commissioners,  111:2349-2354;  canal  fund  commissioners, 

111:2019-2035,  2343-2345. 
1894.  Land   office   commissioners,   IV:164-174    (V:2067-2072) ;   IV: 

181-194    (V:2076-2083);   IV:200-205    (V:2087-2090). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  296   (Int.  292). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  90. 

1  §  6.  The  powers  and  duties  of  the  respective  boards,  and 

2  of  the  several  officers  in  this  article  mentioned,  shall  be  such 

officers 

3  as  now  are  or  hereafter  may  be  prescribed  by  law. 

Source 

Const.  1846,  Art.  V,  §  6. 
Lincoln's  Constitutional  History 

See  II  :539. 
Debates  of  constitutional  conventions 

1846.  536-537  (Aug.  6-7). 
Texts  of  proposed  amendments 

In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  90-91. 

1  §  7.  The  Treasurer  may  be  suspended  from  office  by  the  suspension 

2  Governor,  during  the  recess  of  the  Legislature,  and  until  thirty  S^lrer 

3  days  after  the  commencement  of  the  next  session  of  the  Legis- 

4  lature,  whenever  it  shall  appear  to  him  that  such  Treasurer 

5  has,  in  any  particular,  violated  his  duty.    The  Governor  shall 

6  appoint  a  competent  person  to  discharge  the  duties  of  the 

7  office  during  such  suspension  of  the  Treasurer. 

Source 

Const.  1846,  Art.  V,  §  7. 
Debates  of  constitutional  conventions 

1846.  509-510  (Aug.  4).     1867.  11:1285,  1287. 
Texts  of  proposed  amendments 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  91. 

1  §  8.  All  offices  for  the  weighing,  gauging,  measuring,  cull-  Weighing. 

2  ing  or  inspecting  any  merchandise,  produce,  manufacture  or  STdaTa-lns 

3  commodity  whatever,  are  hereby  abolished ;  and  no  such  office 

4  shall  hereafter  be  created  by  law:  but  nothing  in  this  section  I 

5  contained  shall  abrogate  any  office  created  for  the  purpose 

6  of  protecting  the  public  health  or  the  interests  of  the  State 

7  in  its  property,  revenue,  tolls  or  purchases,  or  of  supplying 


60 


YORK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  V,   §   9 


8  the  people  with  correct  standards  of  weights  and  measures, 

9  or  shall  prevent  the  creation  of  any  office  for  such  purposes 
10    hereafter. 

Source 

Const.  1846,  Art.  V,  §  8. 
Lincoln's  Constitutional  History 

See  11:383;  IV:514-515. 
Debates  of  constitutional  conventions 

1846.  510-517  (Aug.  4-5).    1867.  11:1366-1371;  IV:  2785-2789. 
Texts  of  proposed  amendments 

In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  91. 


Civil 
service 


Preference 
to  honor- 
ably dis- 
charged 
soldiers  and 
Bailors 


1  §  9.  Appointment?  and  promotions  in  the  civil  service  of 

2  the  State,  and  of  all  the  civil  divisions  thereof,  including  cities 

3  and  villages,  shall  be  made  according  to  merit  and  fitness  to 

4  be  ascertained,  so  far  as  practicable,  by  examinations,  which, 

5  so  far  as  practicable,  shall  be  competitive:  provided  how- 

6  ever,  that  honorably  discharged  soldiers  and  sailors  from  the 

7  army  and  navy  of  the  United  States  in  the  late  civil  war, 

8  who  are  citizens  and  residents  of  this  State,  shall  be  entitled 

9  to  preference  in  appointment  and  promotion,  without  re- 

10  gard  to  their  standing  on  any  list  from  which  such  appoint- 

11  ment  or  promotion  may  be  made.    Laws  shall  be  made  to 

12  provide  for  the  enforcement  of  this  section.9 

Source 

Const.  1894,  Art.  V,  §  9. 
Lincoln's  Constitutional  History 

For  history  of  civil  service  in  this  state  from  1777  to  1894,  see  III: 

313-334. 

For  court  decisions  construing  this  section  and  the  civil  service  of 
the  state  in  general,  see  IV:515-523.     See  also,  111:416;  IV:177, 
223,  226,  250,  292,  511,  512,  740,  759,  780,  789. 
References  to  constitutional  conventions. 

1894.  Ill  :328-334. 
Debates  of  constitutional  conventions 

1894.  Appointments,     IV:S34-x847      (V:243S-2445)  ;     IV:1016-1047 

(VI:2545-2562);  veterans,  IV  :101G-1047  (VI:2545-2562). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  208-393   (Int.  206). 10 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  91-101. 

9  For  the  subject  of  civil  service  pensions,  see  Supplemental  Notes  follow- 
ing Article  XV,  post,  under  the  title  Pensions. 

1(>  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  61 

Article  VI,   §   1 


ARTICLE  VI 1 

1  Section  1.  The  Supreme  Court  is  continued  with  general  sum-em* 

2  jurisdiction  in  law  and  equity,  subject  to  such  appellate  juris- 

3  diction  of  the  Court  of  Appeals  as  now  is  or  may  be  pre- 

4  scribed  by  law  not  inconsistent  with  this  article.2    The  exist- 

5  ing  judicial  districts  of  the  State  are  continued  until  changed 

6  as  hereinafter  provided.    The  Supreme  Court  shall  consist  justices; 

7  of  the  Justices  now  in  office,  and  of  the  Judges  transferred  eSSi  ac 

8  thereto  by  the  fifth  section  of  this  article,  all  of  whom  shall 

9  continue  to  be  Justices  of  the  Supreme  Court  during  their 

10  respective  terms,  and  of  twelve  additional  Justices  who  shall 

11  reside  in,  and  be  chosen  by  the  electors  of,  the  several  existing 

12  judicial  districts,  three  in  the  first  district,  three  in  the  second, 

13  and  one  in  each  of  the  other  districts ;  and  of  their  successors. 

14  The  successors  of  said  Justices  shall  be  chosen  by  the  electors 

15  of  their  respective  judicial  districts.    The  Legislature  may  Alteratlon 

16  alter  the  judicial  districts  once  after  every  enumeration  under 

17  the  Constitution,  of  the  inhabitants  of  the  State,  and  there- 

18  upon  reapportion  the  Justices  to  be  thereafter  elected  in  the  Justlces 

19  districts  so  altered. 

20  The  legislature  may  from  time  to  time  increase  the  num-  Increase  ln 

21  ber  of  justices  in  any  judicial  district  except  that  the  number  ™™£™  of 

22  of  justices  in  the  first  and  second  district  or  in  any  of  the 

23  districts  into  which  the  second  district  may  be  divided,  shall 

24  not  be  increased  to  exceed  one  justice  for  each  eighty  thou- 

25  sand,   or  fraction  over  forty  thousand  of  the  population 

26  thereof,  as  shown  by  the  last  state,  or  federal  census  or  enu- 

27  meration,  and  except  that  the  number  of  justices  in  any  other 

28  district  shall  not  be  increased  to  exceed  one  justice  for  each 

29  sixty  thousand  or  fraction  over  thirty-five  thousand  of  the 


1  For  references  to  certain  subjects  coming  within  the  general  scope  of 
Article  VI  but  not  relating  specifically  to  any  particular  section  thereof, 
see   Supplemental   Notes  following  Article   XV,  post,   under   the   following 
titles:      Courts    (for    court    of    claims,    conciliation    tribunals,    transfer    of 
causes,  custody  of  money  paid  into  court,  and  power  of  courts  to  declare 
laws  unconstitutional);   Judgments    (for   execution   of  judgments);    Judges 
(for  qualifications  of  judges) ;  Procedure  (for  uniform  procedure  and  appeals 
to  supreme  court  on  questions  of  procedure) ;  Criminal  law  (for  suspended 
sentence) ;  Judicial  system. 

2  For  references  to  the  former  court  of  chancery,  see  Supplemental  Notes 
following  Article  XV,  post,  under  the  title  Courts. 


62  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  VI,   §   1 

30  population  thereof  as  shown  by  the  last  state  or  federal 

Additional   31  census  or  enumeration.     The  legislature  may  erect  out  of 

district1      32  the   second  judicial   district   as   now  constituted,   another 

33  judicial  district  and  apportion  the  justices  in  office  between 

34  the  districts,  and  provide  for  the  election  of  additional  jus- 

35  tices  in  the  new  district  not  exceeding  the  limit  herein 

36  provided. 


Source 

Const.   1821,   Art.   V,   §   4;    amended,   Const.    1846,   Art.    VI,    §    3; 
amended,  Judiciary  Article,  1869,3  Art.  VI,  §  6;  amended  in  1879* 
and  in  1888  ;4  amended,  Const.  1894,  Art.  VI,   §   1;   amended  in 
1905.5 
Lincoln's  Constitutional  History 

For  historical  comment,  mainly  on  the  period  from  1821  to  1846,  see 

11:64-73. 
For  court  decisions  construing  this  section  and  matters  relating  thereto, 

see  IV:525-534. 

References  to  constitutional  conventions  and  commissions. 
1777.  1:535. 
1821.  1:674-690. 
1846.  II  :140-144,  150-153,  217. 
1867.  II  :247-249,  264-271.     Method  of  choosing  judges,  II  :2S5- 

288. 

1890.  11:701-703. 
1894.  Ill  :335-341,  352-353. 
Debates  of  constitutional  conventions 

1821.  Reorganization,  501  (Oct.  22) ;  legislative  power  to  create,  602- 
604  (Nov.  2);  number  of  justices,  621-623  (Nov.  3),  653-654 
(Nov.  9). 

1846.  How  constituted,  773-777  (Aug.  29-31),  762-764  (Aug.  26- 
27);  jurisdiction,  559-582  (Aug.  10-11),  590-596  (Aug.  12); 
justices,  how  chosen,  111-112  (June  17),  140-142  (June  23),  787- 
794  (Sept.  1-2);  additional  justices,  794-796  (Sept.  2-3),  1123- 
1124  (Appendix) ;  judicial  districts,  766-768  (Aug.  27),  771-772 
(Aug.  28). 


3  The  constitution  proposed  by  the  constitutional  convention  of  1867-68 
was  not  submitted  to  the  people  until  the  general  election  in  Novemberr 
1869.     For  the  full  text    (except  Art.  VI)    of  this  proposed   constitution, 
see  Lincoln's  Constitutional  History,  II:  423-463.    It  was  all  rejected  except 
the  Judiciary  Article  (Art.  VI).     This  article  as  adopted  by  the  people  is 
given  in  full  in  Lincoln,  I:  282-295. 

4  For  the  texts  of  the  constitutional  amendments  of  1879  and  1888,  see 
Lincoln's  Constitutional  History,  1:314,  315. 

5  For  legislative  history  of  this  amendment  and  the  action  of  the  people 
thereon,  see  Part  II,  post,  pp.  102-103. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  63 

Article  VI,   §  2 

1867.  How  constituted,  IV  :240S-2426,  2452-2478,  2495-2524,  2530- 

2541,    2644-2650;    V:3709-3713;    justices,    number,    V:3708-3709, 

3719-3720;  justices,  how  chosen,  IV  :2551-2560,  2574-2591,  2665- 

2668,  2707-2708;  time  of  election,  V:3737-3738. 
1894.  Justices,    number,    11:892-893     (111:1108-1109);     11:906-915 

(111:1116-1120);    11:919-922    (111:1124-1126);    111:55-56    (II: 

1310). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  269   (Int.  267),  279   (Int.  277),  422 

(Int.  383 ).6 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  102-107. 

1  §  2.  The  legislature  shall  divide  the  state  into  four  judicial  pardtmeitade~ 

2  departments.     The   first   department   shall   consist   of   the 

3  county  of  New  York;  the  others  shall  be  bounded  by  county 

4  lines,  and  be  compact  and  equal  in  population  as  nearly 

5  as  may  be.    Once  every  ten  years  the  legislature  may  alter 

6  the  judicial  departments,  but  without  increasing  the  number 

7  thereof.    There  shall  be  an  appellate  division  of  the  supreme 

8  court,  consisting  of  seven  justices  in  the  first  department, 

9  and  of  five  justices  in  each  of  the  other  departments.    In  each 

10  department  four  shall  constitute  a  quorum,  and  the  concur- 

11  rence  of  three  shall  be  necessary  to  a  decision.  No  more  than 

12  five  justices  shall  sit  in  any  case.  From  all  the  justices  elected 

13  to  the  supreme  court  the  governor  shall  designate  those  who 

14  shall  constitute  the  appellate  division  in  each  department; 

15  and  he  shall  designate  the  presiding  justice  thereof,  who  shall 

16  act  as  such  during  his  term  of  office,  and  shall  be  a  resident  of 

17  the  department.    The  other  justices  shall  be  designated  for 

18  terms  of  five  years  or  the  unexpired  portions  of  their  respec- 

19  tive  terms  of  office,  if  less  than  five  years.    From  time  to 

20  time  as  the  terms  of  such  designations  expire,  or  vacancies 

21  occur,  he  shall  make  new  designations.    A  majority  of  the 

22  justices  so  designated  to  sit  in  the  appellate  division,  in 

23  each  department  shall  be  residents  of  the  department.    He 

24  may  also  make  temporary  designations  in  case  of  the  absence 

25  or  inability  to  act  of  any  justice  in  the  appellate  division, 

26  or  in  case  the  presiding  justice  of  any  appellate  division 

27  shall  certify  to  him  that  one  or  more  additional  justices  are 

28  needed  for  the  speedy  disposition  of  the  business  before  it. 

6  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


XEW  YORK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  VI,  §  2 


Powers  and 
duties  of 
justices 


Transfer    of  Oft 
appeals   to 
other    de-        QQ 
partment 

31 
32 
33 
34 

36 
37 
38 
39 
40 
41 
42 
43 
44 
45 

47 
48 
49 
50 
51 
52 
53 
54 
55 
56 

58 
59 


Jurisdiction 


Reporter 

Appellate 
division 
justices   to 
fix     special 
terms 


Whenever  the  appellate  division  in  any  department  shall  be 
unable  to  dispose  of  its  business  within  a  reasonable  time, 
a  majority  of  the  presiding  justices  of  the  several  depart- 
ments at  a  meeting  called  by  the  presiding  justice  of  the 
department  in  arrears  may  transfer  any  pending  appeals 
from  such  department  to  any  other  department  for  hearing 
and  determination.  No  justice  of  the  appellate  division 
shall,  within  the  department  to  which  he  may  be  designated 
to  perform  the  duties  of  an  appellate  justice,  exercise  any  of 
the  powers  of  a  justice  of  the  supreme  court,  other  than 
those  of  a  justice  out  of  court,  and  those  pertaining  to  the 
appellate  division,  or  to  the  hearing  and  decision  of  motions 
submitted  by  consent  of  counsel,  but  any  such  justice,  when 
not  actually  engaged  in  performing  the  duties  of  such  appel- 
late justice  in  the  department  to  which  he  is  designated,  may 
hold  any  term  of  the  supreme  court  and  exercise  any  of  the 
powers  of  a  justice  of  the  supreme  court  in  any  county  or 
judicial  district  in  any  other  department  of  the  state.  From 
and  after  the  last  day  of  December,  eighteen  hundred  and 
ninety-five,  the  appellate  division  shall  have  the  jurisdiction 
now  exercised  by  the  supreme  court  at  its  general  terms  and 
by  the  general  terms  of  the  court  of  common  pleas  for  the 
city  and  county  of  New  York,  the  superior  court  of  the  city 
of  New  York,  the  superior  court  of  Buffalo  and  the  city 
of  Brooklyn,  and  such  additional  jurisdiction  as  may  be  con- 
ferred by  the  legislature.  It  shall  have  power  to  appoint 
and  remove  a  reporter.7  The  justices  of  the  appellate  divi- 
sion in  each  department  shall  have  power  to  fix  the  times  and 
places  for  holding  special  terms  therein,  and  to  assign  the 
justices  in  the  departments  to  hold  such  terms;  or  to  make 
rules  therefor. 


Source 

Const.  1846,  Art.  VI,  §  6;  amended,  Judiciary  Article,  1869,8  Art. 
VI,  §  7;  amended,  Const.  1894,  Art.  VI,  §  2;  amended  in  18999 
and  in  1905.9 
Lincoln's  Constitutional  History 

For  historical  sketch  of  the  evolution  of  the  appellate  division,  see 
111:353-355. 


7  For  suggestions  in  regard  to  a  council  of  law  reporting,  see  Supple- 
mentary Notes  following  Article  XV,  post,  under  the  title  Courts. 

s  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 

» For  the  legislative  history  of  the  amendments  of  1899  and  1905,  and 
the  action  of  the  people  thereon,  see  Part  II,  post,  pp.  109-112. 


I]  TEXT  IN  FORCE  APRIL  G,  1915,  WITH  XOTKS  05 

Article  VI,  §   3 

For  comment  upon  this  section  and  court  decisions  construing  it,  see 

IV  :536-539. 
References  to  constitutional  conventions  and  commissions. 

1867.  Departments,  11:251,  265-269,  271;  reporter,  11:285. 
1890.  General  term,  11:693-695,  697-698,  700,  723;  departments,- 
11:702-704;  justices,  election,  11:695-697,  699,  700-707,  723; 
justices,  powers,  11:701,  724;  justices,  designation,  11:701. 
1894.  111:355-360. 
Debates  of  constitutional  conventions 

1846.  Judges,  powers  limited,  789  (Sept.  2). 

1867.  Judicial  departments,  IV  :2693-2695 ;  general  term,  IV:2541- 

2544,  2547,  2650-2651,  2677-2683,  2693-2695. 

1894.  How  constituted,  11:923-934  (111:1126-1132);  111:33-34  (III: 
1296-1297) ;  111:36-52  (111:1300-1308) ;  justices,  number,  IV:547- 
558  (V:2269-2274);  justices,  duties,  111:52-55  (111:1308-1310). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  101,  128,  163,  422   (Int.  383). 10 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  109-121. 

1  §  3.  No  Judge  or  Justice  shall  sit  in  the  Appellate  Division  ^dfeevi^ 

2  or  in  the  Court  of  Appeals  in  review  of  a  decision  made  by  own  de- 

"    cis ion    on 

3  him  or  by  any  court  of  which  he  was  at  the  time  a  sitting  a?peal 

4  member.    The  testimony  in  equity  cases  shall  be  taken  in  like  Testimony 

-  .  .     .  ,J  .  .  .,  .        in    e(luity 

5  manner  as  in  cases  at  law ;  and,  except  as  herein  otherwise  cases 

6  provided,  the  Legislature  shall  have  the  same  power  to  alter  p°wer  °* 

r  legislature 

7  and  regulate  the  jurisdiction  and  proceedings  in  law  and  in  over  juris- 

diction    and 

8  equity  that  it  has  heretofore  exercised.  proceedings 

in  actions 

Source 

Const.  1846,  Art.  VI,  §  10;  amended,  Judiciary  Article,  1869,"  Art. 

VI,  §  8;  amended,  Const.  1894,  Art.  VI,  §  3. 
Lincoln's  Constitutional  History 

For  historical  comment  on  this  section  and  court  decisions  construing 

the  same,  see  IV:539-542. 
References  to  constitutional  conventions. 

1846.  Testimony  in  equity  cases,  11:163. 
1867.  Not  to  review  his  own  decision,  11:266-267,  271. 
Debates  of  constitutional  conventions 

1846.  Testimony  in  equity  cases,  782-785  (Sept.  1);  procedure  regu- 
lated by  the  legislature,  772-773  (Aug.  29). 


1°  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

11  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 


66  ]STEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  VI,    §   4 

1867.  Testimony  in  equity  cases,  IV:26S3-26S4;  not  to  review  his  own 

decision,  IV:2434-2436;  V:3713-3717. 
1894.  Not  to  review  his  own  decision,  11:934  (111:1132). 
Texts  of  proposed  amendments 

In   the   Constitutional   convention   of   1894:    see  Proposed   Constitu- 
tional Amendments,  Overtures  Nos.  127,  422  (Int.  383 ).12 


supreme       i        §  4.  The  official  terms  of  the  Justices  of  the  Supreme  Court 

court 

justices;^      2  shall  be  fourteen  years  from  and  including  the  first  day  of 

vacancies       3  January  next  after  their  election.13    When  a  vacancy  shall 

4  occur  otherwise  than  by  expiration  of  term  in  the  office  of 

5  Justice  of  the  Supreme  Court  the  same  shall  be  filled  for  a 

6  full  term,  at  the  next  general  election,  happening  not  less 

7  than  three  months  after  such  vacancy  occurs;  and,  until 

8  the  vacancy  shall  be  so  filled,  the  Governor  by  and  with  the 

9  advice  and  consent  of  the  Senate,  if  the  Senate  shall  be  in 
10  session,  or  if  not  in  session  the  Governor,  may  fill  such  va- 
il cancy  by  appointment,  which  shall  continue  until  and  in- 

12  eluding  the  last  day  of  December  next  after  the  election  at 

13  which  the  vacancy  shall  be  filled. 

Source 

Const.  1846,  Art,  VI,  §  13;  amended,  Judiciary  Article,  1S69,'4  Art. 
VI,  §  9 ;  amended,  Const.  1894,  Art.  VI,  §  4.     See  also  Const.  1777, 
Art.  XXIV,  and  Const,  1821,  Art.  IV,  §  7. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV  :542-543. 
References  to  constitutional  conventions  and  commissions. 

1821.  1 :672,  675.    1867.  II  :250-262,  266,  268-271.    1890.  II  :718. 
Debates  of  constitutional  conventions 
1846.  769-770  (Aug.  28). 

1867.  IV  :2544-2547,  2551-2560,  2574-2592,  2651-2654,  26G5-2668. 
1894.  11:934-945   (111:1132-1138). 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  70,  77,  102,  422  (Int.  383). 15 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  121-123. 


12  This  overture  was  adopted  by  the  convention  and  according  became 
a  part  of  the  Constitution. 

is  For  age  limitation,  see  Art.  VI,  §  12,  post. 

i*  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 

15  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,   1915,  WITH  NOTES              67 

Article  VI,   §  5 

1  §  5.  The  Superior  Court  of  the  City  of  New  York,16  the 

2  Court  of  Common  Pleas  for  the  City  and  County  of  Newabolished 

3  York,  the  Superior  Court  of  Buffalo,  and  the  City  Court  of 

4  Brooklyn,  are  abolished  from  and  after  the  first  day  of  Janu> 

5  ary,  one  thousand  eight  hundred  and  ninety-six,  and  there- 

6  upon  the  seals,  records,  papers  and  documents  of  or  belonging 

7  to  such  courts,  shall  be  deposited  in  the  offices  of  the  Clerks  of 

8  the  several  counties  in  which  said  courts  now  exist;  and  all 

9  actions  and  proceedings  then  pending  in  such  courts  shall  be 

10  transferred  to  the  Supreme  Court  for  hearing  and  determina- 

11  tion.    The  Judges  of  said  courts  in  office  on  the  first  day  of 

12  January,  one  thousand  eight  hundred  and  ninety-six,  shall, 

13  for  the  remainder  of  the  terms  for  which  they  were  elected 

14  or  appointed,  be  Justices  of  the  Supreme  Court;  but  they 

15  shall  sit  only  in  the  counties  in  which  they  were  elected  or 

16  appointed.    Their  salaries  shall  be  paid  by  the  said  counties 

17  respectively,  and  shall  be  the  same  as  the  salaries  of  the  other 

18  Justices  of  the  Supreme  Court  residing  in  the  same  counties. 

19  Their  successors  shall  be  elected  as  Justices  of  the  Supreme 

20  Court  by  the  electors  of  the  judicial  districts  in  which  they 

21  respectively  reside. 

22  The  jurisdiction  now  exercised  by  the  several  courts  hereby 

23  abolished,  shall  be  vested  in  the  Supreme  Court.    Appeals 

24  from  inferior  and  local  courts  now  heard  in  the  Court  of 

25  Common  Pleas  for  the  City  and  County  of  New  York  and  the 

26  Superior  Court  of  Buffalo,  shall  be  heard  in  the  Supreme 

27  Court  in  such  manner  and  by  such  Justice  or  Justices  as  the 

28  Appellate  Divisions  in  the  respective  departments  which  in- 

29  elude  New  York  and  Buffalo  shall  direct,  unless  otherwise 

30  provided  by  the  Legislature. 

Source 

Judiciary  Article  I860,17  Art.  VI,  §  12;  amended  in  1880  ;18  amended, 
Const.  1894,  Art.  VI,  §  5. 


i«  For  references  to  the  former  New  York  city  court,  see  Supplemental 
Notes  following  Article  XV,  post,  under  the  title  Courts. 

IT  See  footnote   no.  3,  to  Art.  VI,  §  1,  ante. 

is  For  text  of  the  constitutional  amendment  of  1880,  see  Lincoln's  Con- 
stitutional History,  I:  316-317. 


68  XEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  VI,   §   6 


Lincoln's  Constitutional  History 

For   court   decisions   relating   to   this   section   or  the   subject-matter 

thereof,  see  IV  :240,  538,  544. 

For  a  history  of  the  court  of  common  pleas,  the  superior  courts  of 
New  York  and  Buffalo,  and  the  city  court  of  Brooklyn,  see  II: 
274-279. 
References  to  constitutional  conventions  and  commissions. 

1867.  Superior  courts  and  court  of  common  pleas,  II  :274-279. 
1890.  Superior  courts  abolished,  11:707-710,  724-725. 
1894.  Superior  courts  abolished,  111:362-364. 
Debates  of  constitutional  conventions 

1867.  IV:2437-243S,  2547-2551,  2661-2665. 
1894.  11:890-892  (111:1108);  11:967-978  (111:1150-1156). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  422  (Int.  383 ).19 

circuit  1  §  6.  Circuit  Courts  and  Courts  of  Oyer  and  Terminer  are 

coSJ  of  2  abolished  from  and  after  the  last  day  of  December,  one 

t°eyrminerd  3  thousand  eight  hundred  and  ninety-five.    All  their  jurisdiction 

abolished  4  ghall  thereup0n  be  vested  in  the  Supreme  Court,  and  all 

5  actions  and  proceedings  then  pending  in  such  courts  shall  be 

6  transferred  to  the  Supreme  Court  for  hearing  and  determina- 

7  tion.    Any  Justice  of  the  Supreme  Court,  except  as  otherwise 

8  provided  in  this  article,  may  hold  court  in  any  county. 

Source 

Const.  1894,  Art.  VI,  §  6. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:545. 

For  historical  comment  upon  the  circuit  system  in  this  state,  see  II: 

264-265. 
References  to  constitutional  conventions. 

1821.  Oyer  and  terminer,  1:677-678;  circuit  courts,  1:681,  688. 
1894.  Courts  abolished,  111:369. 
Debates  of  constitutional  conventions 

1821.  Circuit   courts,   organization,   604-621    (Nov.   2-3);   legislative 

control,  520-522  (Oct.  23). 
1894.  Courts   abolished,   11:900-901    (111:1112-1113);    11:978    (III: 

1156). 
Texts  of  proposed  amendments 

In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  126-127. 


lo  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  ix  FOKCE  APRIL  6,  1015,  WITH  XOTES  69 

Article  VI,  §   7 

1  §  7.  The  court  of  appeals  is  continued.20    It  shall  consist  court  of 

2  of  the  chief  judge  and  associate  judges  now  in  office,  who 

3  shall  hold  their  offices  until  the  expiration  of  their  respective 

4  terms,  and  their  successors,  who  shall  be  chosen  by-the 

5  electors  of  the  state.    The  official  terms  of  the  chief  judge 

6  and  associate  judges  shall  be  fourteen  years  from  and  in- 

7  eluding  the  first  day  of  January  next  after  their  election. 

8  Five  members  of  the  court  shall  form  a  quorum,  and  the  con- 

9  currence  of  four  shall  be  necessary  to  a  decision.    The  court  Reporter, 

10  shall  have  power  to  appoint  and  to  remove  its  reporter,21  cl 

11  clerk  and  attendants.     Whenever  and  as  often  as  a  ma-  Designation 

12  jority  of  the  judges  of  the  court  of  appeals  shall  certify  to  couSrutPjuT-e 

13  the  governor  that  said  court  is  unable,  by  reason  of  the  secrvse  L 

14  accumulation  of  causes  pending  therein,  to  hear  and  dispose  judges*1  e 

15  of  the  same  with  reasonable  speed,  the  governor  shall  desig- 

16  nate  not  more  than  four  justices  of  the  supreme  court  to 

17  serve  as  associate  judges  of  the  court  of  appeals.  The  justices 

18  so  designated  shall  be  relieved  from  their  duties  as  justices 

19  of  the  supreme  court  and  shall  serve  as  associate  judges 

20  of  the  court  of  appeals  until  the  causes  undisposed  of  in  said 

21  court  are  reduced  to  two  hundred,  when  they  shall  return  to 

22  the  supreme  court.    The  governor  may  designate  justices  of 

23  the  supreme  court  to  fill  vacancies.    No  justice  shall  serve 

24  as  associate  judge  of  the  court  of  appeals  except  while  hold- 

25  ing  the  office  of  justice  of  the  supreme  court,  and  no  more 

26  than  seven  judges  shall  sit  in  any  case. 

Source 

Const.  1846,  Art.  VI,  §  2;  amended,  Judiciary  Article,  1869,22  Art. 
VI,  §  2;  amended,  Const.  1894,  Art,  VI,  §  7;  amended  in  1899.23 
See  also  Judiciary  Article,  1869,22  Art.  VI,  §  4;  amendment  of 
1872,  §  28 ;24  amendment  of  1888,  §  6.24 


20  For  references  to  the  former  commission  of  appeals,  see  Supplemental 
Notes  following  Article  XV,  post,  under  the  title  Courts. 

21  For  suggestions  in  regard  to  a  council  of  law  reporting,  see  Supple- 
mental Notes  following  Article  XV,  post,  under  the  title  Courts. 

22  See  footnote  no.  3,  to  Art.  VI,   §   1,  ante. 

23  For  legislative  history  of  this  amendment  and  action  of  people  thereon, 
see  Part  II,  post,  p.  128. 

24  For   texts    of    the    constitutional    amendments    of    1872    and    1888,    see 
Lincoln's  Constitutional  History,  I:  318,  315. 


TO  XEW  YOEK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  VI,   §   8 

Lincoln's  Constitutional  History 

For  comment  on  the  dissatisfaction  felt  in  1846  with  the  court  for  the 
correction  of  errors,  which  led  to  the  creation  of  the  court  of  ap- 
peals, see  II  :145-146.  For  the  evolution  of  the  court  of  appeals 
from  1847  to  1867,  see  11:227-229;  from  1867  to  1894,  see  III: 
341-342.  See  also,  II  :284-285. 

References  to  constitutional  conventions  and  commissions. 

1846.  11:146-150.      1867.  11:249-262,    284-285.      1890.  11:686- 

691,  722.     1894.  341-352,  373. 
Debates  of  constitutional  conventions 

1846.  Organization,  558-559  (Aug.  10)  ;  election  of  judges,  751-763 
(Aug.  25-26);  clerk,  821-822  (Sept.  8). 

1867.  Organization,  IV  :2635-2644  ;  sessions,  111:2165-2167;  judges, 
tenure  of  office,  111:2164-2228,  2281-2303,  2359;  IV:24€4,  2547;  V: 
3726-3727;  number  of  judges,  111:2167-2181;  IV  :2450-2452  ;  V: 
3706-3707;  election  of  judges,  111:2200-2203;  quorum,  111:2404- 
2407;  chief  judge,  how  chosen,  111:2190-2197. 

1894.  Number  of  judges,  11:979-1028  (111:1156-1183);  11:1029- 
1057  (111:1185-1200);  11:1060-1087  (111:1203-1217);  quorum, 
11:902-903  (111:1113);  11:986^988  (111:1159-1161);  organiza- 
tion, division,  11:893-900  (111:1109-1112);  V:559-566  (V:2275- 
2279);  court  of  criminal  appeals,  1:734-738  (1:384-386). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  19,  33,  42,  268  (Int.  266),  311  (Int. 
305),  336  (Int.  328),  422  (Int.  3S3).25 

In  the  legislature,  1895-1914  :  see  Part  II,  post,  pp.  128-132. 

vacancies      1  §  8.  When  a  vacancy  shall  occur  otherwise  than  by  expira- 

2  tion  of  term,  in  the  office  of  Chief  or  Associate  Judge  of  the 

3  Court  of  Appeals,  the  same  shall  be  filled,  for  a  full  term, 

4  at  the  next  general  election  happening  not  less  than  three 

5  months  after  such  vacancy  occurs;  and  until  the  vacancy 

6  shall  be  so  filled,  the  Governor,  by  and  with  the  advice  and 

7  consent  of  the  Senate,  if  the  Senate  shall  be  in  session,  or  if 

8  not  in  session  the  Governor  may  fill  such  vacancy  by  appoint- 

9  ment.     If  any  such  appointment  of  Chief  Judge  shall  be 

10  made  from  among  the  Associate  Judges,  a  temporary  appoint- 

11  ment  of  Associate  Judge  shall  be  made  in  like  manner;  but 

12  in  such  case,  the  person  appointed  Chief  Judge  shall  not  be 

13  deemed  to  vacate  his  office  of  Associate  Judge  any  longer 

14  than  until  the  expiration  of  his  appointment  as  Chief  Judge. 


25  This  amendment  was  adopted  by  the  convention  and  accordingly  be- 
came a  part  of  the  Constitution. 


I]  TEXT  IN  FOECE  APEIL  6,  1915,  WITH  XOTES  71 

Article  VI,  §  9 

15  The   powers   and   jurisdiction   of  the   court   shall   not   be 

16  suspended  for  want  of  appointment  or  election,  when  the 

17  number  of  Judges  is  sufficient  to  constitute  a  quorum.    All 

18  appointments  under  this  section  shall  continue  until  and 

19  including  the  last  day  of  December  next  after  the  election 

20  at  which  the  vacancy  shall  be  filled. 

Source 

Const.  1846,  Art.  VI,  §  13;  amended,  Judiciary  Article,  1869,26  Art. 
VI,  §  3 ;  amended,  Const.  1894,  Art.  VI,  §  8.    See  also  Const.  1821, 
Art.  IV,  §  7. 
Lincoln's  Constitutional  History 

References  to  constitutional  conventions. 

1867.  Vacancies,  II  :260. 
Debates  of  constitutional  conventions 

1867.  Vacancies,  IV  :2544-2547,,  2652-2654;  V:3727. 
1894.  Vacancies,  11:1088  (111:1217). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  77,  422  (Int.  383 ).27 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  133. 

1  §  9.  After  the  last  day  of  December,  one  thousand  eighx  Jurisdiction 

"  of    court    of 

2  hundred  and  ninety-five,  the  jurisdiction  of  the  Court  of 

3  Appeals,  except  where  the  judgment  is  of  death,  shall  be 

4  limited  to  the  review  of  questions  of  law.     No  unanimous 

5  decision  of  the  Appellate  Division  of  the  Supreme  Court 

6  that  there  is  evidence  supporting  or  tending  to  sustain  a 

7  finding  of  fact  or  a  verdict  not  directed  by  the  court,  shall 

8  be  reviewed  by  the  Court  of  Appeals.    Except  where  the 

9  judgment  is  of  death,  appeals  may  be  taken,  as  of  right,  to 

10  said  court  only  from  judgments  or  orders  entered  upon 

11  decisions  of  the  Appellate  Division  of  the  Supreme  Court, 

12  finally  determining  actions  or  special  proceedings,  and  from 

13  orders  granting  new  trials  on  exceptions,  where  the  appellants 

14  stipulate  that  upon  affirmance  judgment  absolute  shall  be 

15  rendered  against  them.     The   Appellate  Division  in   any 

16  department  may  however,  allow  an  appeal  upon  any  question 

17  of  law  which,  in  its  opinion,  ought  to  be  reviewed  by  the 

18  Court  of  Appeals. 


26  See  footnote   no.  3,  to  Art.  VI,  §  1,  ante. 

27  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


[Part 
Article  VI,   §   10 


19  The  Legislature  may  further  restrict  the  jurisdiction  of  the 

20  Court  of  Appeals  and  the  right  of  appeal  thereto,  but  the 

21  right  to  appeal  shall  not  depend  upon  the  amount  involved. 

22  The  provisions  of  this  section  shall  not  apply  to  orders 

23  made  or  judgments  rendered  by  any  General  Term  before 

24  the  last  day  of  December,  one  thousand  eight  hundred  and 

25  ninety-five,  but  appeals  therefrom  may  be  taken  under  exist- 

26  ing  provisions  of  law. 

Source 

Const.  1894,  Art.  VI,  §  9, 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV  :54S-550. 
References  to  constitutional  conventions  and  commissions. 

1867.  11:260.     1890.  11:686-690,  722.     1894.  111:346-347,  349- 

352. 
Debates  of  constitutional  conventions 

1846.  Power  to  issue  state  writs,  837-838  (Sept.  10). 

1867.  IV:2699-2701;  V:3738-3739. 

1894.  11:902    (111:1113);  11:1088-1121    (111:1217-1235);  111:64-65 

(111:1314-1315);  IV:558-559  (V:2275). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  422  (Int.  383  ).~8 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  134-138. 

to  hgo?dnot  *        §10-  Tne  Judges  of  the  Court  of  Appeals  and  the  Justices 

other  offlce  2  of  the  Supreme  Court  shall  not  hold  any  other  office  or  public 

3  trust.    All  votes  for  any  of  them,  for  any  other  than  a  judicial 

4  office,  given  by  the  Legislature  or  the  people,  shall  be  void. 

Source 

Const.  1777,  Art.  XXV;  amended,  Const.  1821,  Art.  V,  §  7;  amended, 
Const.  1846,  Art.  VI,  §  8;  amended,  Judiciary  Article,  1869,  Art. 
VI,  §  10.29 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV  :551-554. 
References  to  constitutional  conventions. 

1777.  1:535. 
Debates  of  constitutional  conventions 

1846.  779-781  (Aug.  31).    1867.  IV:2436,  2661. 

1894.  11:907-908  (111:1116-1117);  11:1121-1122  (111:1236). 


28  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

29  See  footnote  no.  3,  to  Art.  VI,  $  1,  ante. 


I]  TEXT  ix  FORCE  APRIL  6,  1915,  WITH  ^TOTES  73 

Article  VI,  §  12 

1  §  11.  Judges  of  the  Court  of  Appeals  and  Justices  of  the  J 

2  Supreme  Court  may  be  removed  by  concurrent  resolution  of 

3  both  houses  of  the  Legislature,  if  two-thirds  of  all  the  mem- 

4  bers  elected  to  each  house  concur  therein.    All  other  judicial 

5  officers,  except  Justices  of  the  Peace  and  judges  or  justices 

6  of  inferior  courts  not  of  record,  may  be  removed  by  the 

7  Senate,  on  the  recommendation  of  the  Governor,  if  two-thirds 

8  of  all  the  members  elected  to  the  Senate  concur  therein. 

9  But  no  officer  shall  be  removed  by  virtue  of  this  section 

10  except  for  cause,  which  shall  be  entered  on  the  journals, 

11  nor  unless  he  shall  have  been  served  with  a  statement  of 

12  the  cause  alleged,  and  shall  have  had  an  opportunity  to  be 

13  heard.    On  the  question  of  removal,  the  yeas  and  nays  shall 

14  be  entered  on  the  journal.30 

Source 

Const.  1846,  Art.  VI,  §  11;  amended,  Judiciary  Article,  1869,31  Art. 
VI,  §  11;  amended,  Const.  1894,  Art.  VI,  §  11.  See  also  Const. 
1821,  Art.  I,  §  13 ;  amendment  of  1845.32 

Lincoln's  Constitutional  History 

For  a  history  of  the  legislature's  power  of  removal  and  the  cases  in 
which  this  power  has  been  invoked,  from  1777  to  1905,  see  IV  :554- 
590.    For  particular  reference  to  the  senate's  power  of  removal,  see 
IV:577-590. 
References  to  constitutional  conventions. 

1777.  IV:554-556.      1821.  1:674;    IV:556-563.      1846.  IV:563- 
565.     1867.  IV:565-566.     1894.  111:369;  IV:566-567. 

Debates  of  constitutional  conventions 

1821.  443-445  (Oct.  15).  1846.  785-787  (Sept.  1).  1894.  11:1122- 
1123  (111:1236-1237). 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  422  (Int.  383). 33 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  139-140. 

1  §  12.  No  person  shall  hold  the  office  of  judge  or  justice  Ase  "mit 

2  of  any  court  longer  than  until  and  including  the  last  day 


30  For  other  references  to  the  removal  of  judges,  see  Supplemental  Notes 
following  Article  XV,  post,  under  the  title  Kemoval,  power  of. 

31  See  nootnote  no.  3,  to  Art.  VI,  §  1,  ante. 

32  For  text  of  the  constitutional  amendment  of  1845,  see  Lincoln's  Con- 
stitutional History,  I:  224-225. 

33  This  overture  was  adopted  hy  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


3  of  December  next  after  he  shall  be  seventy  years  of  age. 

tio™po?sa~     ^  Each  justice  of  the  supreme  court  shall  receive  from  the 

supreme        5  state  fae  sum  Of  ten  thousand  dollars  per  year.     Those 

justices        (5  assigned  to  the  appellate  divisions  in  the  third  and  fourth 

7  departments  shall  each  receive  in  addition  the  sum  of  two 

8  thousand  dollars,  and  the  presiding  justices  thereof  the  sum 

9  of   two   thousand  five   hundred   dollars   per  year.     Those 

10  justices  elected  in  the  first  and  second  judicial  departments 

11  shall  continue  to  receive  from  their  respective  cities,  counties 

12  or  districts,  as  now  provided  by  law,  such  additional  com- 

13  pensation  as  will  make  their  aggregate  compensation  what 

14  they   are   now  receiving.     Those   justices   elected   in   any 

15  judicial  department  other  than  the  first  or  second,  and  as- 

16  signed  to  the  appellate  divisions  of  the  first  or  second  depart- 

17  ments  shall,  while  so  assigned,  receive  from  those  depart- 

18  ments  respectively,  as  now  provided  by  law,  such  additional 

19  sum  as  is  paid  to  the  justices  of  those  departments.    A  justice 

20  elected  in  the  third  or  fourth  department  assigned  by  the 

21  appellate  division  or  designated  by  the  governor  to  hold 

22  a  trial  or  special  term  in  a  judicial  district  other  than  that 

23  in  which  he  is  elected  shall  receive  in  addition  ten  dollars  per 

24  day  for  expenses  while  actually  so  engaged  in  holding  such 

25  term,  which  shall  be  paid  by  the  state  and  charged  upon  the 

26  judicial  district  where  the  service  is  rendered.    The  compen- 

27  sation  herein  provided  shall  be  in  lieu  of  and  shall  exclude 

28  all  other  compensation  and  allowance  to  said  justices  for 

29  expenses  of  every  kind  and  nature  whatsoever.    The  provi- 

30  sions  of  this  section  shall  apply  to  the  judges  and  justices 

31  now  in  office  and  to  those  hereafter  elected. 

Source 

Const.  1846,  Art,  VI,  §  7;  amended,  Judiciary  Article,  I860,31  Art. 

VI,  §§  13,  14;  amended  in  1880,  §  13  ;35  amended,  Const.  1894,  Art. 

VI,  §  12;  amended  in  1909.36     See  also  Const.  1777,  Art.  XXIV. 
Lincoln's  Constitutional  History 

Compensation,  history  of,  from  1835,-  see  IV  :590-598. 

For  court  decisions  construing  the  age  limit  provision  of  this  section, 

seeIV:598. 


34  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 

35  For  text  of  the  constitutional  amendment  of  1880,  see  Lincoln's  Con- 
stitutional History,  I:  317. 

36  For  legislative  history  of  this  amendment  and  action  of  people  thereon, 
see  Part  II,  post,  pp.  141-142. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  KOTES  75 

Article  VI,  §   13 

References  to  constitutional  conventions  and  commissions. 
1890.  Judicial  pensions,  II  :713-716,  724. 
1894.  Judicial  pensions,  111:366-368. 
Debates  of  constitutional  conventions 
1846.  777-779  (Aug.  31). 
1867.  IV:243S-2443,  2446-2460,  2708. 

1894.  11:1123-1157  (111:1237-1256);  11:1159-1169  (111:1258-1263). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  25,  179    (Int.  178),  249    (Int.  247), 
262  (Int.  260),  422  (Int.  383).37 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  141-143. 

1  §  13.  The  Assembly  shall  have  the  power  of  impeachment, 

2  by  a  vote  of  a  majority  of  all  the  members  elected.    The 

3  Court  for  the  Trial  of  Impeachments  shall  be  composed  of 

4  the  President  of  the  Senate,  the  senators,  or  the  major  part 

5  of  them,  and  the  Judges  of  the  Court  of  Appeals,  or  the 

6  major  part  of  them.    On  the  trial  of  an  impeachment  against 

7  the  Governor  or  Lieutenant-Governor,  the  Lieutenant-Gov- 

8  ernor  shall  not  act  as  a  member  of  the  court.    No  judicial 

9  officer  shall  exercise  his  office,  after  articles  of  impeachment 

10  against  him  shall  have  been  preferred  to  the  Senate,  until 

11  he  shall  have  been  acquitted.    Before  the  trial  of  an  impeach- 

12  ment  the  members  of  the  court  shall  take  an  oath  or  affirma- 

13  tion  truly  and  impartially  to  try  the  impeachment  according 

14  to  the  evidence,  and  no  person  shall  be  convicted  without  the 

15  concurrence  of  two-thirds  of  the  members  present.     Judg- 

16  ment  in  cases  of  impeachment  shall  not  extend  further  than 

17  to  removal  from  office,  or  removal  from  office  and  disqualifi- 

18  cation  to  hold  and  enjoy  any  office  of  honor,  trust  or  profit 

19  under  this  State;  but  the  party  impeached  shall  be  liable 

20  to  indictment  and  punishment  according  to  law. 

Source 

Const.   1777,   Art.   XXXIII;   amended,    Const.   1821,   Art.   Y,    §   2; 
amended,  Const.  1846,  Art.  VI,  §  1;  amended,  Judiciary  Article, 
1869,38  Art.  VI,   §   1;   continued  without  change  in   Const.  1894, 
Art.  VI,  §  13. 
Lincoln's  Constitutional  History 

For  historical  sketch  of  the  power  of  impeachment  in  this  state,  in- 
cluding impeachment  trials,  see  IV:599-612. 

37  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

ss  See  footnote  no.  3,  to  Art.  VI,  $  1,  ante. 


76  ISTEw  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  VI,  §  14 

References  to  constitutional  conventions. 

1777.  1:538-540.     1821.  1:673;  IV:600-602.    '1846.  11:144-145; 
IV  .-602-603.     1867.  11:249.     1894.  IV:602-603. 

Debates  of  constitutional  conventions 

1821.  435-440  (Oct.  15).    1846.  555-558  (Aug.  10).    1867.  111:2164; 
IV:2635;  V:3727-3728,  3776.     1894.  11:1169    (111:1263). 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  338   (Int.  330). 


County 
courts 

1 

2 

Judges; 
number, 
election, 
term 

3 

4 
5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

Jurisdic- 
tion  of 
county 
courts 

19 
20 
21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

§  14.  The  existing  county  courts  are  continued,  and  the 
judges  thereof  now  in  office  shall  hold  their  offices  until  the 
expiration  of  their  respective  terms.  In  the  county  of  Kings 
there  shall  be  four  county  judges.  The  number  of  county 
judges  in  any  county  may  also  be  increased,  from  time  to 
time,  by  the  legislature,  to  such  number  that  the  total 
number  of  county  judges  in  any  one  county  shall  not  exceed 
one  for  every  two  hundred  thousand,  or  major  fraction 
thereof,  of  the  population  of  such  county.  The  additional 
county  judges  in  the  county  of  Kings  shall  be  chosen  at  the 
general  election  held  in  the  first  odd-numbered  year  after 
the  adoption  of  this  amendment.  The  additional  county 
judges  whose  offices  may  be  created  by  the  legislature  shall 
be  chosen  at  the  general  election  held  in  the  first  odd-num- 
bered year  after  the  creation  of  such  office.  All  county 
judges,  including  successors  to  existing  judges,  shall  be 
chosen  by  the  electors  of  the  counties  for  the  term  of  six 
years  from  and  including  the  first  day  of  January  following 
their  election.  County  courts  shall  have  the  powers  and 
jurisdiction  they  now  possess,  and  also  original  jurisdiction 
in  actions  for  the  recovery  of  money  only,  where  the 
defendants  reside  in  the  county,  and  in  which  the  complaint 
demands  judgment  for  a  sum  not  exceeding  two  thousand 
dollars.  The  legislature  may  hereafter  enlarge  or  restrict 
the  jurisdiction  of  the  county  courts,  provided,  however,  that 
their  jurisdiction  shall  not  be  so  extended  as  to  authorize 
an  action  therein  for  the  recovery  of  money  only,  in  which 
the  sum  demanded  exceeds  two  thousand  dollars,  or  in  which 
any  person  not  a  resident  of  the  county  is  a  defendant. 
Courts  of  sessions,  except  in  the  county  of  New  York,  are 
abolished  from  and  after  the  last  day  of  December,  eighteen 


TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  77 

Article  VI,  §  14 

32  hundred  and  ninety-five.    All  the  jurisdiction  of  the  court  Cm**  °t 

sessions 

33  of  sessions  in  each  county,  except  the  county  of  New  York,  abolished 

34  shall  thereupon  be  vested  in  the  county  court  thereof,  and  N*w  York 

35  all  actions  and  proceedings  then  pending  in  such  courts-of 

36  sessions  shall  be  transferred  to  the  said  county  courts  for 

37  hearing  and  determination.    Every  county  judge  shall  per- 

38  form  such  duties  as  they  may  be  required  by  law.     His  £°^*y 

39  salary  shall  be  established  by  law,  payable  out  of  the  county  jjjjjj8'  and 

40  treasury.    A  county  judge  of  any  county  may  hold  county  salary 

41  courts  in  any  other  county  when  requested  by  the  judge  of 


42    such  other  county.39  other 

counties 

Source 

Const.  1846,  Art.  VI,  §  14;  amended,  Judiciary  Article,  1869,40  Art. 
VI,  §  15;  amended,  Const.  1894,  Art.  VI,  §  14;  amended  in  1913.41 
See  also  Const.  1777,  Art.  XXIV,  and  Const,  1821,  Art.  V,  §  6. 
Lincoln's  Constitutional  History 

For  historical   sketch  of  the  county  court  from  1691  to  1894,  see 

11:153-159. 

For  court  decisions  construing  this  section,  see  IV  :  613—  615. 
References  to  constitutional  conventions  and  commissions. 

1777.  1:153-154.     1821.  1:673,  677.     1846.  11:142-143,  155-157. 
1867.11:279-284,272-274.    1890.11:710-713,725.    1894.  Ill: 
360-361,  373. 
Debates  of  constitutional  conventions 

1846.  Organization,  684-688  (Aug.  18),  691  (Aug.  19),  797-798 
(Sept,  3),  803-807  (Sept,  4);  jurisdiction,  697-698  (Aug.  19), 
710-711  (Aug.  20),  741-746  (Aug.  24),  803-807  (Sept.  4). 
1867.  Jurisdiction,  11:272-274;  IV  :2592-2602,  2671-2676,  2697-2698; 
duties  of  judge,  IV:2696-2697;  term,  11:274;  compensation,  II: 
274. 

1894.  Organization,  111:65-66  (111:1315-1316)  ;  jurisdiction,  11:1169- 
1186    (111:1263-1272);   compensation   of   judge,   111:24-31    (III: 
1292-1295);  V:3734,  3736-3737. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,    Overtures   Nos.   41,   79,   126,   172,   180    (Int.    179), 
269    (Int.  267),  422    (Int.  3S3).42 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  143-155. 


39  For  suggestions  relative  to  associate  county  judges,  see  Supplemental 
Notes  following  Article  XV,  post,  under  the  title  Judges. 

40  See  footnote  no.  3,  to  Art.  VI,  $  1,  ante. 

41  For  legislative  history  of  this  amendment  and  the  action  of  the  people 
thereon,  see  Part  II,  post,  pp.  144-145. 

42  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


78 


YOEK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  VI,  §  15 


Surrogates' 
courts 


Surrogates  ; 

election, 

3 

term,  pow- 

ers and 

4 

duties 

5 

6 

7 

8 

County 

9 

Judge    as 
•surrogate 

10 

Separate 

11 

officer  as 
surrogate 

12 

13 

14 

15 

16 

Age  limit 

17 

18 

19 

Vacancies 

20 

21 

Compensa- 

22 

tion 

23 

Powers  of 

24 

surrogates 
may  be  con- 

25 

ferred    on 
supreme 

26 

court   in 

certain 

27 

countir  ? 

/•%*•% 

§  15.  The  existing  Surrogates'  Courts  are  continued,  and 
the  Surrogates  now  in  office  shall  hold  their  offices  until  the 
expiration  of  their  terms.  Their  successors  shall  be  chosen 
by  the  electors  of  their  respective  counties,  and  their  terms 
of  office  shall  be  six  years,  except  in  the  county  of  New  York, 
where  they  shall  continue  to  be  fourteen  years.  Surrogates 
and  Surrogates'  Courts  shall  have  the  jurisdiction  and  powers 
which  the  Surrogates  and  existing  Surrogates'  Courts  now 
possess,  until  otherwise  provided  by  the  Legislature.  The 
County  Judge  shall  be  Surrogate  of  his  county,  except  where 
a  separate  Surrogate  has  been  or  shall  be  elected.  In 
counties  having  a  population  exceeding  forty  thousand, 
wherein  there  is  no  separate  Surrogate,  the  Legislature  may 
provide  for  the  election  of  a  separate  officer  to  be  Surrogate, 
whose  term  of  office  shall  be  six  years.  When  the  Surrogate 
shall  be  elected  as  a  separate  officer  his  salary  shall  be  estab- 
lished by  law,  payable  out  of  the  county  treasury.  No  County 
Judge  or  Surrogate  shall  hold  office  longer  than  until  and 
including  the  last  day  of  December  next  after  he  shall  be 
seventy  years  of  age.  Vacancies  occurring  in  the  office  of 
County  Judge  or  Surrogate  shall  be  filled  in  the  same  manner 
as  like  vacancies  occurring  in  the  Supreme  Court.  The  com- 
pensation of  any  County  Judge  or  Surrogate  shall  not  be 
increased  or  diminished  during  his  term  of  office.  For  the 
relief  of  Surrogates'  Courts  the  Legislature  may  confer  upon 
the  Supreme  Court  in  any  county  having  a  population  exceed- 
ing four  hundred  thousand,  the  powers  and  jurisdiction  of 
Surrogates,  with  authority  to  try  issues  of  fact  by  jury  in 
probate  cases.43 


29 


Source 

Const,  1846,  Art.  VI,  §  14;  amended,  Judiciary  Article,  1S69,44  Art. 
VI,  §  15;  amended,  Const.  1894,  Art.  VI,  §  15.     See  also  Const. 
1777,  Art.  XXIV,  and  Const,  1821,  Art.  V,  §  6. 
Lincoln's  Constitutional  History 

For  historical  sketch  of  surrogates'  courts  from  1692  to  1846,  see  II : 

159-161. 

For  court  decisions  construing  this  section,  see  IV  :61 6-617. 
References  to  constitutional  conventions  and  commissions. 
1846.  11:159.    1890.  11:710-713,  725.     1894.  111:362,  373. 

43  For  provisions  relating  to  probate  courts  and  to  registers  of  wills,  see 
Supplemental  Notes  following  Article  XV,  post,  under  the  titles  Courts  and 
Wills,  respectively. 

4*  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  79 

Article  VI,  §  17 

Debates  of  constitutional  conventions 

1867.  Jurisdiction,   IV  :2592-2609,  2633-2635,  2696-2697;   vacancies, 

IV:2652-2654. 
1894.  Jurisdiction,  II :1186-11S9  (111:1272-1273) ;  term,  11:903  (III: 

1114-1115). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constiutional 

Amendments,  Overtures  Nos.  5,  44,  65,  162,  171,  422  (Int.  383 ).45 

1  §  16.  The  Legislature  may,  on  application  of  the  board  of  special 

2  supervisors,  provide  for  the  election  of  local  officers,  not  to  Sfan -,\ 

3  exceed  two  in  any  county,  to  discharge  the  duties  of  County su 

4  Judge  and  of  Surrogate,  in  cases  of  their  inability  or  of  a 

5  vacancy,  and  in  such  other  cases  as  may  be  provided  by  law, 

6  and  to  exercise  such  other  powers  in  special  cases  as  are 

7  or  may  be  provided  by  law. 

Source 

Const.   1846,   §   15;   continued  without  change  in  Judiciary  Article, 

1869,46  Art.  VI,  §  16. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:617-618. 
References  to  constitutional  conventions. 

1846.  11:163.     1894.  111:369. 

Proceedings  and  debates  of  constitutional  conventions 
1867.  IV:2609-2610,   2709-2710;    V:3847-3848. 
1894.  11:1189  (111:1273). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  162,  166,  269   (Int.  267). 

1  §  17.  The  electors  of  the  several  towns  shall,  at  their  justices  of 

2  annual  town  meetings,  or  at  such  other  time  and  in  such  ^ctfon,065 

3  manner  as  the  Legislature  may  direct,  elect  Justices  of  the  term>  el 

4  Peace,  whose  term  of  office  shall  be  four  years.    In  case  of  an 

5  election  to  fill  a  vacancy  occurring  before  the  expiration  of  a 

6  full  term,  they  shall  hold  for  the  residue  of  the  unexpired 

7  term.   Their  number  and  classification  may  be  regulated  by 

8  law.    Justices  of  the  Peace  and  judges  or  justices  of  inferior  Removal  of 

9  courts  not  of  record,  and  their  clerks,  may  be  removed  for  jUJ 


45  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

*«  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 


Inferior 
1 

officers   and 
their    clerka 


80  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  VI,  §  18 

10  cause,  after  due  notice  and  an  opportunity  of  being  heard  by 

11  such  courts  as  are  or  may  be  prescribed  by  law.    Justices 

12  of  the  Peace  and  District  Court  Justices  may  be  elected  in 

13  the  different  cities  of  this  State  in  such  manner,  and  with 

14  such  powers,  and  for  such  terms,  respectively,  as  are  or  shall 

15  be  prescribed  by  law;  all  other  judicial  officers  in  cities, 

16  whose  election  or  appointment  is  not  otherwise  provided  for 

17  in  this  article,  shall  be  chosen  by  the  electors  of  such  cities, 

18  or  appointed  by  some  local  authorities  thereof. 

Source 

Const.  1821,  Art.  IV,  §  7;  amended  in  1826  ;47  amended,  Const.  1846, 
Art.  VI,  §  17;  amended,  Judiciary  Article,  1S69,48  Art.  VI,  §  18; 
continued  without  change  in  Const.  1894,  Art.  VI,  §  17.     See  also 
Const.  1777,  Art.  XXIV. 
Lincoln's  Constitutional  History 

For  court   decisions  construing  this   section,   see   IV: 619-622.      See 

also,  IV  :48,  241,  598,  745,  762. 
References  to  constitutional  conventions. 
1777.  Justices,  removal,  1 :674. 
1821.  Justices,   term,   1:672;   how   chosen,   111:616-617;   special 

justices  in  New  York  city,  1:672-673. 
1846.  Justices'    courts,    organization,   11:161-162;    justices,    how 

chosen,  11:142,  163. 
1867.  Justices'  courts,  11:285,  290. 
1894.  Justices'  courts,  111:364,  374. 
Debates  of  constitutional  conventions 

1821.  Justices,  how  chosen,  307-309    (Oct.  2),  321-356    (Oct.  3-5), 

378-383  (Oct.  8-9). 

1846.  Justices'  courts,  jurisdiction,  815-819   (Sept.  7). 
1867.  Justices,  how  chosen,  IV  :2610-2611,  2626. 

1894.  Justices'   courts,  organization,   11:1189-1191    (111:1273-1274). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  62,  162,  210  (Int.  208),  227  (Int. 
225),  269  (Int.  267),  363  (Int.  354). 

inferior      1  §  18.  Inferior  local  courts  of  civil  and  criminal  jurisdiction 

courts        2  may  be  established  by  the  Legislature,  but  no  inferior  local 

3  court  hereafter  created  shall  be  a  court  of  record.    The  Legis- 

4  lature  shall  not  hereafter  confer  upon  any  inferior  or  local 


4"  For  text  of  the  constitutional  amendment  of  1826,  see  Lincoln 's  Con- 
stitutional History,  I:  222-223. 

48  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  81 

Article  VI,  §  19 

5  court  of  its  creation,  any  equity  jurisdiction  or  any  greater 

6  jurisdiction  in  other  respects  than  is  conferred  upon  County 

7  Courts  by  or  under  this  article.    Except  as  herein  otherwise 

8  provided,  all  judicial  officers  shall  be  elected  or  appointed  at 

9  such  times  and  in  such  manner  as  the  Legislature  may  direct. 

Source 

Const.  1846,  Art.  VI,  §  14;  amended,  Judiciary  Article,  1869,49  Art. 
VI,  §  19;  amended,  Const.  1894,  Art.  VI,  §  18.     See  also  Const. 
1777,  Art.  XXIV,  and  Const.  1821,  Art.  V,  §  6. 
Lincoln's  Constitutional  History 

For  history  of  this   section   and   court   decisions   construing   it,   see 

IV  :623-630. 
References  to  constitutional  conventions  and  commissions. 

1821.  1:672-673.     1846.  11:142,   163.     1867.  11:284.     1872.  II: 

539-540.    1894.  111:364-366. 
Debates  of  constitutional  conventions 

1846.  800-801    (Sept.   3),   807-812    (Sept.   4),   819    (Sept.   8),   828 

(Sept.  9). 

1867.  IV:2701-2704. 

1894.  11:901-902   (111:1113);  11:1191-1194   (111:1274-1276). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  162,  238  (Int.  236),  422  (Int.  383 ).50 

1  §  19.  Clerks  of  the  several  counties  shall  be  clerks  of  the 

2  Supreme  Court,  with  such  powers  and  duties  as  shall  be 

3  prescribed  by  law.    The  Justices  of  the  Appellate  Division  in 

4  each  department  shall  have  power  to  appoint  and  to  remove 

5  a  clerk  who  shall  keep  his  office  at  a  place  to  be  designated 

6  by  said  Justices.    The  Clerk  of  the  Court  of  Appeals  shall 

7  keep  his  office  at  the  seat  of  ^government.    The  Clerk  of  the 

8  Court  of  Appeals  and  the  clerks  of  the  Appellate  Division 

9  shall  receive  compensation  to  be  established  by  law  and 

10  paid  out  of  the  public  treasury. 

Source 

Const.  1821,  Art.  IV,  §  9;  amended,  Const.  1846,  Art.  VI,  §  19; 
amended,  Judiciary  Article,  1869,51  Art.  VI,  §  20;  amended,  Const.' 
1894,  Art.  VI,  §  19. 


*  So  in  original. 

49  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 

so  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

51  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 


82  XEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  VI,  §  20 

Lincoln's  Constitutional  History 

For  note  on  county  clerk,  see  IV  :721-722. 
References  to  constitutional  conventions. 

1846.  11:163.     1867.  11:285. 
Debates  of  constitutional  conventions 

1846.  821-822  (Sept.  8).    1894.  11:1194-1195  (111:1276);  111:23-24 

(111:1291-1292). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  422  (Int.  383 ).52 

certain        i  §  20.  No  judicial  officer,  except  Justices  of  the  Peace,  shall 

officers  not     2  receive  to  his  own  use  any  fees  or  perquisites  of  office;  nor 

feesrec<         3  shall  any  Judge  of  the  Court  of  Appeals,  or  Justice  of  the 

what          4  Supreme  Court,  or  any  County  Judge  or  Surrogate  hereafter 

act  as      5  elected  in  a  county  having  a  population  exceeding  one  hun- 

oV  TSerees     6  dred  and  twenty  thousand,  practice  as  an  attorney  or  coun- 

7  selor  in  any  court  of  record  in  this  State,  or  act  as  referee. 

8  The  Legislature  may   impose   a   similar  prohibition   upon 
what           9  County  Judges  and  Surrogates  in  other  counties,     No  one 
miTle      10  shall  be  eligible  to  the  office  of  Judge  of  the  Court  of  Ap- 

11  peals,  Justice  of  the  Supreme  Court,  or,  except  in  the  county 

12  of  Hamilton,  to  the  office  of  County  Judge  or  Surrogate,  who 

13  is  not  an  attorney  and  counselor  of  this  State.53 

Source 

Const.    1846,    Art.   VI,    §    20;    amended,    Judiciary   Article,    1SG9,54 

Art.  VI,  §  21;  amended,  Const.  1894,  Art.  VI,  §  20. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:631-632. 
References  to  constitutional   conventions  and  commissions. 
1846.  Fees  prohibited,  11:163. 
1867.  Practice  as  attorney,  11:285. 
1890.  Practice  as  attorney,  11:716,  725. 
1894.  Practice  as  attorney  and  fees  prohibited,  III  :369-372. 
Debates  of  constitutional  conventions 

1846.  Fees  prohibited,  823-825  (Sept.  8). 
1867.  Fees  prohibited,  IV  :2626-2630. 

1894.  Fees  prohibited,  11:1195-1200  (111:1276-1279);  practice  as 
attorney,  II  :1195-120<0  (111:1276-1279),  111:13-15  (111:1286- 
1287)  f judges,  eligibility,  111:6-13  (111:1282-1286). 

52  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

ss  See  Supplemental  Notes  following  Article  XV,  post,  under  the  title 
Attorneys. 

54  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  83 

Article  VI,  §  22 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  66,  181  (Int.  180),  210  (Int.  208), 
268  (Int.  266),  274  (Int.  272),  422  (Int.  3S3).55 


1  §  21.  The  Legislature  shall  provide  for  the  speedy  publica-  publication 

of  statutes 

2  tion  of  all  statutes,  and  shall  regulate  the  reporting  of  the  ;j.dla{u^e. 

3  decisions  of  the  courts  ;  but  all  laws  and  judicial  decisions  clsions 

4  shall  be  free  for  publication  by  any  person. 


56 


Source 

Const.  1846,  Art.  VI,  §  22;  amended,  Judiciary  Article,  1S69,57  Art. 

VI,  §  23  ;  amended,  Const.  1894,  Art.  VI,  §  21. 
Debates  of  constitutional  conventions 

1867.  Statutes,  111:2099-2101;  IV  :2630-2632,  2789-2791. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  422   (Int.  383).  58 


1  §  22.  Justices  of  the  Peace  and  other  local  judicial  officers 

2  provided  for  in  sections  seventeen  and  eighteen  in  office  when 

3  this  article  takes  effect,  shall  hold  their  offices  until  the  ex-  abridged 

4  piration  of  their  respective  terms. 

Source 

Const.  1894,  Art.  VI,  §  22.     See  also  Judiciary  Article,  1869,59  Ari. 

VI,  §  25. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:633. 
Debates  of  constitutional  conventions 

1867.  IV:2632. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  422  (Int.  383 ).60 


55  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

56  For  references  to  the  codification  of  the  law  and  to  a  council  of  law 
reporting,  see   Supplemental   Notes  following  Article  XV,   post,  under  the 
titles  Codification,  and  Courts,  respectively. 

57  See  footnote  no.  3,  to  Art.  VI,  $  1,  ante. 

58  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

59  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 

60  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


84 


YOEK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  VI,  §  2o 


courts  of 


1  §  23.  Courts  of  Special  Sessions  shall  have  such  jurisdiction 

2  of  offenses  of  the  grade  of  misdemeanors  as  may  be  prescribed 

3  by  law. 


Source 

Judiciary  Article,  1869,61  Art.  VI,  §  26;  continued  without  change  in 

Const.  1894,  Art.  VI,  §  23. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:  633. 
References  to  constitutional  conventions. 

1867.  11:284.     1894.  111:372. 
Debates  of  constitutional  conventions 
1S94.  111:15-23  (111:1287-1291). 


State  c.c 
\imited 


ARTICLE  VII ! 

1  Section  1.  The  credit  of  the  State  shall  not  in  any  manner 

2  be  given  or  loaned  to  or  in  aid  of  any  individual,  association 

3  or  corporation.2 


Source 

Const.  1846,  Art.  VII, 
Art.  VII.  §  1. 


9;  continued  without  change  in  Const.  1894, 


Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:634. 
References  to  constitutional  conventions. 

1846.  11:179-180. 
Debates  of  constitutional  conventions 

1846.  849-857,  864-868   (Sept.  12-14). 

1867.  111:1840-1848,    1992-2018,    2341-2343;    V:3327-3338,    3366- 

3369,  3461-3482,  3764-3765. 
Texts  of  proposed  amendments 

In  the  convention  of  1894:  see  Proposed  Constitutional  Amendments, 

Overtures  Nos.  156,  199  (Int.  198),  254-437  (Int.  252). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  161. 


state  debts,  1        §  2.  The  State  may,  to  meet  casual  deficits  or  failures  in 

?o7tract°     2    revenues,  or  for  expenses  not  provided  for,  contract  debts; 

3    but  such  debts,  direct  or  contingent,  singly  or  in  the  aggre- 


ci  See  footnote  no.  3,  to  Art.  VI,  §  1,  ante. 

1  For  the  subject  of  the  salt  springs,  see  Supplemental  Notes  following 
Art.  XV,  post,  under  that  title.    For  various  matters  relating  to  taxation,  see 
Supplemental  Notes  under  that  title. 

2  But  see  Art.  VIII,  §  9,  post. 


I]  TEXT  IN  FOBCE  APRIL  6,  1915,  WITH  XOTES  85 

Application 
of  moneys 

Article  VII,   §   3 

4  gate,  shall  not  at  any  time  exceed  one  million  of  dollars  ;  and 
5  the  moneys  arising  from  the  loans  creating  such  debts  shall 
6  be  applied  to  the  purpose  for  which  they  were  obtained,  or 
7  to  repay  the  debt  so  contracted,  and  to  no  other  purpose 
8  whatever.3 

Source 

Const.   1846,   Art.   VII,   §   10;   continued  without  change   in   Const. 
1894,  Art.  VII,  §  2. 

Lincoln's  Constitutional  History 

For  historical  statement  of  the  conditions  leading  to  the  inclusion 

of  this  section  into  the  Constitution,  see  II  :73-91. 
References  to  constitutional  conventions. 

1846.  11:174-179.     1867.  11:357. 
Debates  of  constitutional  conventions 

1846.  857-877  (Sept.  14-15),  1083-1105;  appendix  (Sept.  11),  1105- 

1123;   Appendix    (Sept.   16). 
1867.  111:1848-1850;  V:3746-3748. 
Texts  of  proposed  amendments 

In  the  convention  of  1894 :  see  Proposed  Constitutional  Amendments, 

Overtures  Nos.  20,  199  (Int.  198),  254-437  (Int.  252). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  161-162. 

1  §  3.  In  addition  to  the  above  limited  power  to  contract  Debts  for 

*  state  de- 

2  debts,  the  State  may  contract  debts  to  repel  invasion,  suppress  fe:lse 

3  insurrection,  or  defend  the  State  in  war ;  but  the  money  aris- 

4  ing  from  the  contracting  of  such  debts  shall  be  applied  to  the 

5  purpose  for  which  it  was  raised,  or  to  repay  such  debts,  and 

6  to  no  other  purpose  whatever. 

Source 

Const.   1846,  Art.   VII,   §   11;   continued  without   change   in   Const. 
1894,  Art.  VII,  §  3. 

Lincoln's  Constitutional  History 

For  comment  on  tlu's  section,  see  IV:635.     See  also  the  notes  to 
Art.  VII,  §  2. 

Debates  of  constitutional  conventions 
1867.  111:1850-1852. 

Texts  of  proposed  amendments 

In  the  convention  of  1894:  see  Proposed  Constitutional  Amendments, 
Overtures  Nos.  199  (Int.  198),  254-437  (Int.  252). 


3  For  restriction  as  to  state  debt,  see  Supplemental  Notes  following  Art. 
XV,  post,  under  the  title  State  Finance. 


86 


XEW  YORK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  VII,   §  4 


Limitation         1 

of  legisla- 

tlve  power       2 

to  create 

debts  3 


5 
6 
7 
8 
9 

10 
11 
12 
13 
14 
15 
16 


Submission 
to    people 
of  laws 
creating 
debts 

Manner  of 
passage  of 
such  laws 
in  legisla- 
ture 


Legisla- 
ture's +  TJ 
power  over  •••• 
debts  after  *  Q 
approval  by  lo 
people  ..  n 


Tax  irre- 
pealable 


20 
21 
22 
23 
24 
25 


Use  of  loan 

27 

restricted 

28 

29 

30 

Restric- 

31 

tions    on 
submission 

32 

to   people 

33 

Bond 

34 

issue 

35 

36 

37 

38 

Sinking 

39 

fund 

40 

§  4.  Except  the  debts  specified  in  sections  two  and  three 
of  this  article,  no  debts  shall  be  hereafter  contracted  by  or 
in  behalf  of  this  state,  unless  such  debt  shall  be  authorized 
by  law,  for  some  single  work  or  object,  to  be  distinctly  speci- 
fied therein;  and  such  law  shall  impose  and  provide  for  the 
collection  of  a  direct  annual  tax  to  pay,  and  sufficient  to  pay, 
the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and 
discharge  the  principal  of  such  debt  within  fifty  years  from 
the  time  of  the  contracting  thereof.  No  such  law  shall  take 
effect  until  it  shall,  at  a  general  election,  have  been  submitted 
to  the  people,  and  have  received  a  majority  of  all  the  votes 
cast  for  and  against  it  at  such  election.  On  the  final  passage 
of  such  bill  in  either  house  of  the  legislature,  the  question 
shall  be  taken  by  ayes  and  noes,  to  be  duly  entered  on  the 
journals  thereof,  and  shall  be:  "  Shall  this  bill  pass,  and 
ought  the  same  to  receive  the  sanction  of  the  people?  "  The 
legislature  may  at  any  time  after  the  approval  of  such  law 
by  the  people,  if  no  debt  shall  have  been  contracted  in  pursu- 
ance thereof,  repeal  the  same;  and  may  at  any  time,  by  law, 
forbid  the  contracting  of  any  further  debt  or  liability  under 
such  law;  but  the  tax  imposed  by  such  act,  in  proportion 
to  the  debt  and  liability  which  may  have  been  contracted  in 
pursuance  of  such  law,  shall  remain  in  force  and  be  irrepeal- 
able,  and  be  annually  collected,  until  the  proceeds  thereof 
shall  have  made  the  provision  hereinbefore  specified  to  pay 
and  discharge  the  interest  and  principal  of  such  debt  and 
liability.  The  money  arising  from  any  loan  or  stock  creating 
such  debt  or  liability  shall  be  applied  to  the  work  or  object 
specified  in  the  act  authorizing  such  debt  or  liability,  or  for 
the  payment  of  such  debt  or  liability,  and  for  no  other  pur- 
pose whatever.  'No  such  law  shall  be  submitted  to  be  voted 
on  within  three  months  after  its  passage  or  at  any  general 
election  when  any  other  law,  or  any  bill  shall  be  submitted 
to  be  voted  for  or  against.  The  legislature  may  provide 
for  the  issue  of  bonds  of  the  state  to  run  for  a  period  not 
exceeding  fifty  years  in  lieu  of  bonds  heretofore  authorized 
but  not  issued  and  shall  impose  and  provide  for  the  collection 
of  a  direct  annual  tax  for  the  payment  of  the  same  as  here- 
inbefore required.  When  any  sinking  fund  created  under 
this  section  shall  equal  in  amount  the  debt  for  which  it  was 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  ^OTES  87 

Article  VII,   §  4 

41  created,  no  further  direct  tax  shall  be  levied  on  account  of 

42  said  sinking  fund,  and  the  legislature  shall  reduce  the  tax 

43  to  an  amount  equal  to  the  accruing  interest  on  such  debt. 

44  The  legislature  may  from  time  to  time  alter  the  rate  of- Alteration 

45  interest  to  be  paid  upon  any  state  debt,  which  has  been  or  upon"  state 

46  may  be  authorized  pursuant  to  the  provisions  of  this  section, 

47  or  upon  any  part  of  such  debt,  provided,  however,  that  the 

48  rate  of  interest  shall  not  be  altered  upon  any  part  of  such 

49  debt  or  upon  any  bond  or  other  evidence  thereof,  which  has 

50  been,  or  shall  be  created  or  issued  before  such  alteration. 

51  In  the  case  the  legislature  increase  the  rate  of  interest  upon  Additional 

52  any  such  debt,  or  part  thereof,  it  shall  impose  and  provide  in?rea°Seday 

53  for  the  collection  of  a  direct  annual  tax  to  pay  and  sufficient  an 

54  to  pay  the  increased  or  altered  interest  on  such  debt  as  it 

55  falls  due  and  also  to  pay  and  discharge  the  principal  of  such 

56  debt  within  fifty  years  from  the  time  of  the  contracting 

57  thereof,  and  shall  appropriate  annually  to  the  sinking  fund 

58  moneys  in  amount  sufficient  to  pay  such  interest  and  pay 

59  and  discharge  the  principal  of  such  debt  when  it  shall  become 

60  due  and  payable. 

Source 

Const,  1846,  Art.  VII,  §  12;  continued  without  change  in  Const.  1894, 

Art.  VII,  §  4;  amended  in  19054  and  in  1909.4 
Lincoln's  Constitutional  History 

For  history  of  the  conditions  which  led  to  the  inclusion  in  the  Con- 
stitution of  this  section,  see  IV:G37-639,  and  also  the  notes  to 
Art.  VII,  §  2. 

For  a  detailed  explanation  of  this  section,  and  of  the  statutes  which 
were  submitted  to  the  people  from  1853  to  1903  pursuant  to  it,  to- 
gether with  court  decisions  construing  these  statutes  and  the  section 
in  general,  see  IV:637-657. 

References  to  constitutional  conventions. 

1846.  11:174-179. 
Debates  of  constitutional  conventions 

1846.  943-950   (Sept.  22-23). 

1867.  111:1799-1804,    1852-1862,    1865-1881,    2244-2248;    V:3752- 

3756. 
Texts  of  proposed  amendments 

In  the  convention  of  1894:  see  Proposed  Constitutional  Amendments, 
Overtures  Nos.  199  (Int.  198),  254-437  (Int.  252),  277  (Int.  275). 

In  the  legislature,  1895-1914;  see  Part  II,  post,  pp.  163-170. 

*  For  legislative  history  of  the  constitutional  amendments  of   1905   and 
1909,  and  the  action  of  the  people  thereon,  see  Part  II,  post,  pp.  163-165. 


88  J^EW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  VII,   §  5 


sinking      1  §  5.  The  sinking  funds  provided  for  the  payment  of  interest 

2  and  the  extinguishment  of  the  principal  of  the  debts  of  the 

use  re-      3  State  shall  be  separately  kept  and  safely  invested,  and  neither 

4  of  them  shall  be  appropriated  or  used  in  any  manner  other 

5  than  for  the  specific  purpose  for  which  it  shall  have  been 

6  provided.5 

Source 

Amendment  of  1874,  Art.  VII,  §  13;  continued  without  change  in 

Const.  1894,  Art.  VII,  §  5. 
Lincoln's  Constitutional  History 

For  the  origin  of  this  section  in  the  constitutional  commission  of 

1872,  see  111:549. 
Texts  of  proposed  amendments 

In  the  convention  of  1894:  see  Proposed  Constitutional  Amendments, 
Overtures  Nos.  199  (Int.  198),  254-437  (Int.  252). 


b  Legislature,  canal  board,  nor  any  person 

iapse  Ofy      2    or  persons  acting  in  behalf  of  the  State,  shall  audit,  allow, 

time 

3  or  pay  any  claim  which,  as  between  citizens  of  the  State, 

4  would  be  barred  by  lapse  of  time.    This  provision  shall  not  be 

5  construed  to  repeal  any  statute  fixing  the  time  within  which 

6  claims  shall  be  presented  or  allowed,  nor  shall  it  extend  to 

7  any  claims  duly  presented  within  the  time  allowed  by  law, 

8  and  prosecuted  with  due  diligence  from  the  time  of  such 

9  presentment.    But  if  the  claimant  shall  be  under  legal  dis- 

10  ability,  the  claim  may  be  presented  within  two  years  after 

11  such  disability  is  removed.0 

Source 

Amendment  of  1874,7  Art.  VII,  §  14;  amended  Const.  1894,  Art.  VII, 

§  6. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:65S-663. 

For  brief  comment  on  the  legislative  investigation  into  the  subject  of 

claims  against  the  state  made  in  1897  and  1898  ( Senate  Documents, 

1898,  Nos.  31  and  33),  see  IV:663. 


5  For  canal  sinking  funds,  see  Supplemental  Notes  following  Art.  XV, 
post,  under  the  title  Canals. 

c  For  references  to  the  court  of  claims  and  claims  for  damages  caused  by 
canals,  see  Supplemental  Notes  following  Art.  XV,  post,  under  the  titles 
Courts  and  Canals,  respectively. 

7  For  text  of  the  constitutional  amendment  of  1874,  see  Lincoln's  Con- 
stitutional History,  I:  306-307. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  89 

Article  VII,    §    7 

References  to  constitutional  conventions  and  commissions. 

1872.  11:550. 
Texts  of  proposed  amendments 

In  the  convention  of  1894 :  see  Proposed  Constitutional  Amendments, 
Overtures  Nos.  10,  199  (Int.  198),  252  (Int.  250). 

1  §  7.   The  lands   of  the  state,  now  owned  or  hereafter  Forest 

preserve 

2  acquired  constituting  the  forest  preserve  as  now  fixed  by 

3  law,  shall  be  forever  kept  as  wild  forest  lands.    They  shall 

4  not  be  leased,  sold  or  exchanged,  or  be  taken  by  any  cor- 

5  poration,  public  or  private,  nor  shall  the  timber  thereon  be 

6  sold,  removed  or  destroyed.     But  the  legislature  may  by  £sr*noflandc 

7  general  laws  provide  for  the  use  of  not  exceeding  three  per 

8  centum  of  such  lands  for  the  construction  and  maintenance 

9  of  reservoirs  for  municipal  water  supply,  for  the  canals  of 

10  the  state  and  to  regulate  the  flow  of  streams.    Such  reser- 

11  voirs  shall  be  constructed,  owned  and  controlled  by  the  state, 

12  but  such  work  shall  not  be  undertaken  until  after  the  bound- 

13  aries  and  high  flow  lines  thereof  shall  have  been  accurately 

14  surveyed  and  fixed,  and  after  public  notice,  hearing  and 

15  determination  that  such  lands  are  required  for  such  public 

16  use.    The  expense  of  any  such  improvements  shall  be  appor- 

17  tioned  on  the  public  and  private  property  and  municipalities 

18  benefited  to  the  extent  of  the  benefits  received.    Any  such 

19  reservoir  shall  always  be  operated  by  the  state  and  the 

20  legislature  shall  provide  for  a  charge  upon  the  property 

21  and  municipalities  benefited  for  a  reasonable  return  to  the 

22  state  upon  the  value  of  the  rights  and  property  of  the  state 

23  used  and  the  services  of  the  state  rendered,  which  shall  be 

24  fixed  for  terms  of  not  exceeding  ten  years  and  be  read  just  able 

25  at  the  end  of  any  term.    Unsanitary  conditions  shall  not  be 

26  created  or  continued  by  any  such  public  works.    A  violation  HOW 

27  of  any  of  the  provisions  of  this  section  may  be  restrained 

28  at  the  suit  of  the  people  or,  with  the  consent  of  the  supreme 

29  court   in   appellate    division,   on   notice    to   the    attorney- 

30  general  at  the  suit  of  any  citizen. 

Source 

Const.  1894,  Art.  VII,  §  7;  amended  in  1913.8 


tions  re- 
strained 


s  For   the   legislative   history   of   the   constitutional   amendment   of   1913, 
and  the  action  of  the  people  thereon,  see  Part  II,  post,  pp.  170-171. 


90 


YOKK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article   VII,    §    8 


Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:664. 
For  historical  sketch  of  the  initiation  and  development  of  the  policy 
of  forest  preservation  in  this  state  down  to  about  1903,  see  III: 
391-454. 
References  to  constitutional  conventions. 

1894.  111:429-433. 
Debates  of  constitutional  conventions 

1894.  11:1201    (111:1279-1280);    IV:124-163    (V:2045-2067) ;    IV: 

705-709  (V:2360-2362). 
Texts  of  proposed  amendments 

In  the  convention  of  1894:  see  Proposed  Constitutional  Amendments, 

Overtures  Nos.  9-304-364  (Int.  9),  452  (Int.  393 ).9 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  170-1SO. 


Certain 

1 

canals  not 

to  be  sold; 

2 

exception 

3 

4 

5 

6 

7 

8 

9 

Application 

10 

of   funds 

derived 

11 

from   sale 

or  lease  of 

12 

ranals 

13 

§  8.  The  Legislature  shall  not  sell,  lease  or  otherwise  dis- 
pose of  the  Erie  canal,  the  Oswego  canal,  the  Champlain 
canal,  the  Cayuga  and  Seneca  canal, .  or  the  Black  river 
canal;  but  they  shall  remain  the  property  of  the  state  and 
under  its  management  forever.  The  prohibition  of  lease,  sale 
or  other  disposition  herein  contained,  shall  not  apply  to  the 
canal  known  as  the  Main  and  Hamburg  street  canal,  situated 
in  the  city  of  Buffalo,  and  which  extends  easterly  from  the 
westerly  line  of  Main  street  to  the  westerly  line  of  Hamburg 
street.  All  funds  that  may  be  derived  from  any  lease,  sale 
or  other  disposition  of  any  canal  shall  be  applied  to  the  im- 
provement, superintendence  or  repair  of  the  remaining  por- 
tion of  the  canals. 


Source 

Const.    1846,   Art.   VII,    §    6;    amended   in   1874,10   Art.    VII,    §    6; 

amended  in  1882  ;10  amended,  Const.  1894,  Art.  VII,  §  8. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV: 665-667. 

For  historical  sketch  of  the  development  of  the  canal  policy  in  this 
state,  with  special  reference  to  legislation  and  to  reports  and  gov- 
ernors' messages  dealing  with  the  canals,  see  1:690-715,  and  II: 
596-655.  See  also  the  references  below  to  constitutional  conven- 
tions and  commissions. 


8  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

10  For  the  texts  of  the  constitutional  amendments  of  1874  and  1882,  see 
Lincoln's  Constitutional  History,  1:306,  322-323. 


I]  TEXT  ix  FORCE  APRIL  6,  1915,  WITH  XOTES  91 

Article  VII,    §    9 

References  to  constitutional  conventions  and  commissions. 

1821.    1:715.      1846.    11:168,    172;    11:650.      1872.    11:541-549; 

111:375-378. 
Debates  of  constitutional  conventions 

1846.  877-879  (Sept.  15-16),  960-961  (Sept.  24),  1049-1050  (Oct.  3). 
1867.  111:1830-1840. 

1894.  IV:317-318   (V:2143-2144)  ;  IV:924-942    (V:24S9-2500). 
Texts  of  proposed  amendments 

In  the  convention  of  1894  :  see  Proposed  Constitutional  Amendments, 
Overtures  Nos.   67,  SO,  125,  200    (Int.  199),  276    (Int.  274),  431 
(Int.   387).  " 
In  the  legislature,  1895-1914,  see  Part  II,  post,  pp.  181-189.. 

1  §  9.  No  tolls  shall  hereafter  be  imposed  on  persons  or  Canal  toll£» 

prohibited 

2  property  transported  on  the  canals,  but  all  boats  navigating 

3  the  canals  and  the  owners  and  masters  thereof,  shall  be 

4  subject  to  such  laws  and  regulations  as  have  been  or  may 

5  hereafter  be  enacted  concerning  the  navigation  of  the  canals. 

6  The  Legislature  shall  annually,  by  equitable  taxes,  make  Legislature 


provision  for  the  expenses  of  the  superintendence  and  repairs 


J°r  p^ 
enaence 


8  of  the  canals.    All  contracts  for  work  or  materials  on  any  ndrepalr 

9  canal  shall  be  made  with  the  persons  who  shall  offer  to  do  or  of  canals 

10  provide  the  same  at  the  lowest  price,  with  adequate  security  contracts 

11  for  their  performance.    No  extra  compensation  shall  be  made 

12  to  any  contractor  ;  but  if,  from  any  *unf  orseen  cause,  the 

13  terms  of  any  contract  shall  prove  to  be  unjust  and  oppressive, 

14  the  canal  board  may,  upon  the  application  of  the  contractor, 

15  cancel  such  contract. 

Source 

Const.   1846,  Art.  VII,   §   3;   amended  in  1854,12  in  1S74,12  and  in 

1882  ;12  amended,  Const.  1894,  Art.  VII,  §  9. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:667-668. 

For  detailed  history  of  the  development  of  the  canal  policy  in  this 

state  see  the  notes  to  Art.  VII,  §  8. 


*  So  in  original. 

11  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

12  For  the  texts  of  the  constitutional  amendments  of  1854,  1874,  and  1882, 
see    Lincoln's    Constitutional    History,    1:319-321,    305-306,    and    321-322, 
respectively. 


92  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  VII,   §   10 

For  history  of  the  movement  leading  up  to  the  constitutional  amend- 
ment of  1854,  and  for  comment  on  the  amendment  itself,  see  II: 
218-224. 
References  to  constitutional  conventions  and  commissions. 

1867.  11:357-358.    1872.  11:540-541.    1894.  111:377,  380-382. 
Debates  of  constitutional  conventions 
1867.  11:1530-1531;  111:2019-2035. 
1894.  IV:303-308    (V:2134-2137) ;    IV:320-321    (V:2145);    IV:947 

(V:2502). 
Texts  of  proposed  amendments 

In  the  convention  of  1894:  see  Proposed  Constitutional  Amendments, 
Overtures  Nos.   247    (Int.   245),   254-437    (Int.   252),13  430    (Int. 
386). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  189-190. 


Canal    im- 
provement 


1  §  10.  The  canals  may  be  improved  in  such  manner  as  the 

2  Legislature  shall  provide  by  law.    A  debt  may  be  authorized 

3  for  that  purpose  in  the  mode  prescribed  by  section  four  of 

4  this  article,  or  the  cost  of  such  improvement  may  be  defrayed 

5  by  the  appropriation  of  funds  from  the  state  treasury,  or  by 

6  equitable  annual  tax. 

Source 

Const.   1894,  Art.  VII,   §   10. 
Lincoln's  Constitutional  History 

For  history  of  the  incorporation  into  the  Constitution  of  this  section, 
and  in  general  of  the  subject  of  canal  construction  and  improve- 
ment, including  references  to  the  $9,000,000  act  (Laws  1895,  ch. 
79),  and  the  $101,000,000  act  (Laws  1903,  ch.  147),  passed  pur- 
suant to  this  section,  see  111:382-390. 
Debates  of  constitutional  conventions 

1894.  IV:227-349  (V:2101-2160) ;  IV:943-969  (V:2500-2515). 
Texts  of  proposed  amendments 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.- 190-191. 


Payment    of 
state    debts 


Sinking 
funds 


1  §  11.  The  legislature  may  appropriate  out  of  any  funds 

2  in  the  treasury,  moneys  to  pay  the  accruing  interest  and 

3  principal  of  any  debt  heretofore  or  hereafter  created,  or 

4  any  part  thereof  and  may  set  apart  in  each  fiscal  year, 

5  moneys  in  the  state  treasury  as  a  sinking  fund  to  pay  the 

6  interest  as  it  falls  due  and  to  pay  and  discharge  the  principal 

7  of  any  debt  heretofore  or  hereafter  created  under  section 


is  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  93 

Article  VII,  §   12 

8  four  of  article  seven  of  the  constitution  until  the  same  shall 

9  be  wholly  paid,  and  the  principal  and  income  of  such  sink- 

10  ing  fund  shall  be  applied  to  the  purpose  for  which  said 

11  sinking  fund  is  created  and  to  no  other  purpose  whatever;  ~ 

12  and,  in  the  event  such  moneys  so  set  apart  in  any  fiscal  year 

13  be  sufficient  to  provide  such  sinking  fund,  a  direct  annual 

14  tax  for  such  year  need  not  be  imposed  and  collected,  as 

15  required  by  the  provisions  of  said  section  four  of  article 

16  seven,  or  of  any  law  enacted  in  pursuance  thereof. 

Source 

Amendment  of  1905. 14 
Texts  of  proposed  amendments 

In  the  legislature:  see  Part  II,  post,  pp.  191-192. 

1  §  12.  A  debt  or  debts  of  the  state  may  be  authorized  by  ^rtov0ef- 

2  law  for  the  improvement  of  highways.    Such  highways  shall  highways 

3  be  determined  under  general  laws,  which  shall  also  provide 

4  for  the  equitable  apportionment  thereof  among  the  counties. 

5  The  aggregate  of  the  debts  authorized  by  this  section  shall  Limitation 

6  not  at  any  one  time  exceed  the  sum  of  fifty  millions  of  dollars.  ° 

7  The  payment  of  the  annual  interest  on  such  debt  and  the  payment 

8  creation  of  a  sinking  fund  of  at  least  two  per  centum  per 

9  annum  to  discharge  the  principal  at  maturity  shall  be  pro- 

10  vided  by  general  laws  whose  force  and  effect  shall  not  be 

11  diminished  during  the  existence  of  any  debt  created  there- 

12  under.     The  legislature  may  by  general  laws  require  the  county  and 

13  county  or  town  or  both  to  pay  to  the  sinking  fund  the  pro-  of  cost 

14  portionate  part  of  the  cost  of  any  such  highway  within  the 

15  boundaries  of  such  county  or  town  and  the  proportionate 

16  part  of  the  interest  thereon,  but  no  county  shall  at  any  time 

17  for  any  highway  be  required  to  pay  more  than  thirty-five 

18  hundredths  of  the  cost  of  such  highway,  and  no  town  more 

19  than  fifteen  hundredths.    None  of  the  provisions  of  the  fourth 

20  section  of  this  article  shall  apply  to  debts  for  the  improve- 

21  ment  of  highways  hereby  authorized. 

Source 

Amendment  of  1905. 15 
Texts  of  proposed  amendments 

In  the  legislature:  see  Part  II,  post,  pp.  192-196. 


i*For  the  legislative  history  of  the  amendment  of  1905,  and  the  action 
of  the  people  thereon,  see  Part  II,  post,  p.  191. 

is  For  the  legislative  history  of  the  amendment  of  1905,  and  the  action 
of  the  people  thereon,  see  Part  II,  post,  pp.  192-193. 


D4  XEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  VIII,  §   1 


ARTICLE  VIII 1 

corpora-     i        Section  1.  Corporations  may  be  formed  under  general  laws; 

tions,   how  r  * 

formed       2  but  shall  not  be  created  by  special  act,  except  for  municipal 

3  purposes,  and  in  cases  where,  in  the  judgment  of  the  Legis- 

4  lature,  the  objects  of  the  corporation  cannot  be  attained  under 

5  general  laws.    All  general  laws  and  special  acts  passed  pursu- 

6  ant  to  this  section  may  be  altered  from  time  to  time  or 

7  repealed. 

Source 

Const.  1846,  Art.  VIII,  §  1.     See  also  Const.  1821,  Art.  VII,  §  9. 
Lincoln's  Constitutional  History 

For  historical  sketch  of  corporations  in  this  state  from  1783  to  1846, 
and  a  classified  list  by  subjects  of  the  more  important  legislative 
charters  granted  during  this  period,  see  11:59-64. 
For  court  decisions  construing  this  section,  see  IV:671-674. 
References  to  constitutional  conventions. 

1846.  11:59-64,  184-195.     1867.  11:370-374. 
Debates  of  constitutional  conventions 

1846.  221-223  (July  2),  961-974,  984  (Sept.  24-26). 
1867.  11:1014-1024,  1078-1079;  IV  :3181-3182. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1S94 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  46,  50,  105,  169,  256  (Int.  254),  302 
(Int.  298),  321  (Int.  313),  324  (Int.  316),  325  (Int.  317),  357 
(Int.  348),  408  (Int.  377). 

Dues  from  i        §  2.  Dues  from  corporations  shall  be  secured  by  such  in- 
ns2    dividual  liability  of  the  corporators  and  other  means  as  may 
3    be  prescribed  by  law. 

Source 

Const.  1846,  Art.  VIII,  §  2. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:674-675. 

See  notes  to  §  1  of  this  Article. 

References  to  constitutional  conventions. 

1846.  11:193. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  84,  85,  105,  322  (Int.  314). 


i  For  references  to  certain  subjects  coming  within  the  general  scope  of 
Article  VIII  but  not  relating  specifically  to  any  particular  section  thereof, 
see  Supplemental  Notes  following  Article  XV,  post,  under  the  titles  Corpo- 
rations, and  Eailroads. 


I]  TEXT  IN  FOECE  APRIL  6,  1915,  WITH  XOTES  95 


Article  VIII,  §  4 


1  §  3.  The  term  corporations  as  used  in  this  article  shall  be  uonTtVrm 

2  construed  to  include  all  associations  and  joint-stock  companies  de 

3  having  any  of  the  powers  or  privileges  of  corporations  not 

4  possessed  by  individuals  or  partnerships.    And  all  corporations -^"aSliSt 

5  shall  have  the  right  to  sue  and  shall  be  subject  to  be  sued  corpori 

6  in  all  courts  in  like  cases  as  natural  persons. 

Source 

Const,  1846,  Art.  VIII,  §  3. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section  see  IV:675-676. 

See  notes  to  §  1  of  this  Article. 

Eeferences  to  constitutional  conventions. 

1846.  II  :189,  191,  194. 
Debates  of  constitutional  conventions 

1846.  9S2  (Sept.  26),  1021-1022  (Sept.  30).    1867.  11:1080. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments;    Overtures   Nos.    105,   112. 

1  §  4.  The  Legislature  shall,  by  general  lav/,  conform  all  f^ss 

2  charters  of  savings  banks,  or  institutions  for  savings,  to  a ch 

3  uniformity  of  powers,  rights  and  liabilities,  and  all  charters 

4  hereafter  granted  for  such  corporations  shall  be  made  to 

5  conform  to  such  general  law,  and  to  such  amendments  as 

6  may  be  made  thereto.    And  no  such  corporation  shall  have  upon 

7  any  capital  stock,  nor  shall  the  trustees  thereof,  or  any  of 

8  them,  have  any  interest  whatever,  direct  or  indirect,  in  the 

9  profits  of  such  corporation ;  and  no  director  or  trustee  of  any 

10  such  bank  or  institution  shall  be  interested  in  any  loan  or 

11  use  of  any  money  or  property  of  such  bank  or  institution 

12  for  savings.    The  Legislature  shall  have  no  power  to  pass  special 

13  any  act  granting  any  special  charter  for  banking  purposes ;  p 

14  but  corporations  or  associations  may  be  formed  for  such 

15  purposes  under  general  laws. 

Source 

Const.  1846,  Art.  VIII,  §  4;  amended  in  1874. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section  see  IV  :677. 
For  historical  sketch  of  the  development  of  the  banking  and  cur- 
rency system  in  this  colony  and  state  down  to  1846,  with  detailed 
reference  to   the  financial  legislation   and  to  governors'   messages 
on  that  subject  during  that  period,  see  II  :27-45. 


96  !N"Ew  YOIIK  STATE   CONSTITUTION  ANNOTATED          [Part 

Article  VIII,  §  5 

References  to  constitutional  conventions  and  commissions. 

1821.  11:33.     1846.  11:195-198.     1872.  11:551-552. 
Debates  of  constitutional  conventions 

1846.  989-995  (Sept.  28). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  105,  189  (Int.  188),  221  (Int.  219). 


specie  pay-  i        s  5.  The  Legislature  shall  have  no  power  to  pass  any  law 

ments    not  .,.,,,, 

to  be  sus-  2    sanctioning  in  any  manner,  directly  or  indirectly,  the  suspen- 

pended  .    ,. 

3  sion  of  specie  payments,  by  any  person,  association  or  corpora- 

4  tion,  issuing  bank  notes  of  any  description, 

Source 

Const.  1846,  Art.  VIII,  §  5. 
Lincoln's  Constitutional  History 

See  notes  under  §  4  of  this  article. 
"Oebates  of  constitutional  conventions 

1846.  989-996  (Sept.  28).     1867.  11:1080-1085. 

ffexts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  105. 

Bms  or      i        §6.  The  Legislature  shall  provide  by  law  for  the  registry 
registry,      2    of  all  bills  or  notes,  issued  or  put  in  circulation  as  money, 

security 

3  and  shall  require  ample  security  for  the  redemption  of  the 

4  same  in  specie. 

Source 

Const.  1846,  Art.  VIII,  §  6. 
Lincoln's  Constitutional  History 

For  historical  comment  upon  the  reason  for  putting  this  provision 
into  the  Constitution,  and  the  judicial  construction  of  the  same,  see 
IV:678. 

See  also  the  notes  to  §  4  of  this  Article. 
Debates  of  constitutional  conventions 

1846.  996-997,  1000-1005    (Sept.  28-29),  1073    (Oct.  8). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  105,  209-433  (Int.  207). 


of  bank 
stock- 
holders 


1  §  7.  The  stock  holders  of  every  corporation  and  joint  stock 

2  association  for  banking  purposes,  shall  be  individually  re- 

3  sponsible  to  the  amount  of  their  respective  share  or  shares  of 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  97 

Article  VIII,  §  9 

4  stock  in  any  such  corporation  or  association,  for  all  its  debts 

5  and  liabilities  of  every  kind. 

Source 

Const.  1846,  Art.  VIII,  §  7;  amended,  Const.  1894,  Art.  VIII,  S  7. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:679-680. 

References  to  constitutional  conventions. 

1846.  11:195-198.     1867.  111:371-372.     1894.  111:455-458. 
Debates  of  constitutional  conventions 

1846.  226-227  (July  7),  989-990,  997-998  (Sept.  28),  1073  (Oct.  8). 

1867.  11:1089-1090. 

1894.  IV:903-922    (V:2476-2487),   IV:1108-1110    (VI:2598-2599). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  69-434  (Int.  69  ),2  105,  136. 

1  §  8.  In  case  of  the  insolvency  of  any  bank  or  banking  asso-  ™  ™£&T 

2  ciation,  the  billholders  thereof  shall  be  entitled  to  preference  j*°®  ^ 

3  in  payment,  over  all  other  creditors  of  such  bank  or  asso-  solvency 

4  ciation. 

Source 

Const.  1846,  Art.  VIII,  §  8. 
Lincoln's  Constitutional  History 

See  IV:680. 
Debates  of  constitutional  conventions 

1867.  11:1085. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  105. 

1  §  9.  Neither  the  credit  nor  the  money  of  the  State  shall  be  NO  state  ^ 

2  given  or  loaned  to  or  in  aid  of  any  association,  corporation  or  J^™8^ 

3  private  undertaking.    This  section  shall  not,  however,  prevent  ^gdgertak- 

4  the  Legislature  from  making  such  provision  for  the  education  Exception 

5  and  support  of  the  blind,  the  deaf  and  dumb,  and  juvenile 

6  delinquents,  as  to  it  may  seem  proper.    Nor  shall  it  apply 

7  to  any  fund  or  property  now  held,  or  which  may  hereafter  be 


8    held,  by  the  State  for  educational  purposes. 

for  educa- 
SOUrce  tional  pur- 

Const.  1846,  Art.  VII,  §  9;  amended  in  1874,  Art.  VIII,  §  10;  con-  pos< 
tinued  without  change  in  Const.  1894,  Art.  VIII,  §   9.     See  also 
Const.  1894,  Art.  VII,   §   1. 


2  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 

4 


98 


YORK  STATE  CONSTITUTION  ANNOTATED 


[Part 


Article  VIII,  §   10 


Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:681-6S3. 
For  history  of  state  aid  to  private  enterprises  in  this  state  down  to 
1846,  with  special  reference  to  the  legislation  and  to  governors' 
messages  on  this  subject,  see  II  :91-101. 
References  to  constitutional  conventions  and  commissions. 

1846.  11:179-182.     1872.  11:552-557. 
Debates  of  constitutional  conventions 

1867.  111:1840-1848,    2250-2259;    V:3327-3330,    3366-3369,    3461- 

3482,  3764-3765. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  156,  298  (Int.  294). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  198. 


Counties, 
cities    and 
towns  not 
to  give  or 
loan 
money    or 
credit; 
limitation 
of  indebted- 
ness 

1 

2 
3 
4 
5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

'      . 

25 

26 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give 
any  money  cr  property,  or  loan  its  money  or  credit  to  or  in 
aid  of  any  individual,  association  or  corporation,  or  become 
directly  or  indirectly  the  owner  of  stock  in,  or  bonds  of,  any 
association  or  corporation;  nor  shall  any  such  county,  city, 
town  or  village  be  allowed  to  incur  any  indebtedness  except 
for  county,  city,  town  or  village  purposes.  This  section  shall 
not  prevent  such  county,  city,  town  or  village  from  making 
such  provision  for  the  aid  or  support  of  its  poor  as  may  be 
authorized  by  law.  No  county  or  city  shall  be  allowed  to 
become  indebted  for  any  purpose  or  in  any  manner  to  an 
amount  which,  including  existing  indebtedness,  shall  exceed 
ten  per  centum  of  the  assessed  valuation  of  the  real  estate 
of  such  county  or  city  subject  to  taxation,  as  it  appeared 
by  the  assessment  rolls  of  said  county  or  city  on  the  last 
assessment  for  state  or  county  taxes  prior  to  the  incurring 
of  such  indebtedness ;  and  all  indebtedness  in  excess  of  such 
limitation,  except  such  as  now  may  exist,  shall  be  absolutely 
void,  except  as  herein  otherwise  provided.  No  county  or 
city  whose  present  indebtedness  exceeds  ten  per  centum  of 
the  assessed  valuation  of  its  real  estate  subject  to  taxation, 
shall  be  allowed  to  become  indebted  in  any  further  amount 
until  such  indebtedness  shall  be  reduced  within  such  limit. 
This  section  shall  not  be  construed  to  prevent  the  issuing 
of  certificates  of  indebtedness  or  revenue  bonds  issued  in 
anticipation  of  the  collection  of  taxes  for  amounts  actually 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  99 

Article  VIII,  §  10 

27  contained,  or  to  be  contained  in  the  taxes  for  the  year  when 

28  such  certificates  or  revenue  bonds  are  issued  and  payable 

29  out  of  such  taxes;  nor  to  prevent  the  city  of  New  York 

30  from  issuing  bonds  to  be  redeemed  out  of  the  tax  levy  for 

31  the  year  next  succeeding  the  year  of  their  issue,  provided 

32  that  the  amount  of  such  bonds  which  may  be  issued  in  any 

33  one  year  in  excess  of  the  limitations  herein  contained  shall 

34  not  exceed  one-tenth  of  one  per  centum  of  the  assessed 

35  valuation  of  the  real  estate  of  said  city  subject  to  taxation. 

36  Nor  shall  this  section  be  construed  to  prevent  the  issue  of 

37  bonds  to  provide  for  the  supply  of  water;  but  the  term  of 

38  the  bonds  issued  to  provide  the  supply  of  water,  in  excess 

39  of  the  limitation  of  indebtedness  fixed  herein,  shall  not  ex- 

40  ceed  twenty  years,  and  a  sinking  fund  shall  be  created  on 

41  the  issuing  of  the  said  bonds  for  their  redemption,  by  raising 

42  annually  a  sum  which  will  produce  an  amount  equal  to  the 

43  sum  of  the  principal  and  interest  of  said  bonds  at  their 

44  maturity.    All  certificates  of  indebtedness  or  revenue  bonds 

45  issued  in  anticipation  of  the  collection  of  taxes,  which  are 

46  not  retired  within  five  years  after  their  date  of  issue,  and 

47  bonds  issued  to  provide  for  the  supply  of  water,  and  any 

48  debt  hereafter  incurred  by  any  portion  or  part  of  a  city  if 

49  there  shall  be  any  such  debt,  shall  be  included  in  ascertain- 

50  ing  the  power  of  the  city  to  become  otherwise  indebted; 

51  except  that  debts  incurred  by  the  city  of  New  York  after 

52  the  first  day  of  January,  nineteen  hundred  and  four,  and 

53  debts  incurred  by  any  city  of  the  second  class  after  the  first 

54  day  of  January,  nineteen  hundred  and  eight,  and  debts 

55  incurred  by  any  city  of  the  third  class  after  the  first  day 

56  of  January,  nineteen  hundred  and  ten,  to  provide  for  the 

57  supply  of  water,  shall  not  be  so  included ;  and  except  further 

58  that  any  debt  hereafter  incurred  by  the  city  of  New  York 

59  for  a  public  improvement  owned  or  to  be  owned  by  the  city, 

60  which  yields  to  the  city  current  net  revenue,  after  making 

61  any  necessary  allowance  for  repairs  and  maintenance  for 

62  which  the  city  is  liable,  in  excess  of  the  interest  on  said 

63  debt  and  of  the  annual  instalments  necessary  for  its  amorti- 

64  zation  may  be  excluded  in  ascertaining  the  power  of  said 


100  K"EW  YOEK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  VIII,  §   10 


65  city  to  become  otherwise  indebted,  provided  that  a  sinking 

66  fund  for  its  amortization  shall  have  been  established  and 

67  maintained  and  that  the  indebtedness  shall  not  be  so  ex- 

68  eluded  during  any  period  of  time  when  the  revenue  afore- 

69  said  shall  not  be  sufficient  to  equal  the  said  interest  and 

70  amortization  instalments,  and  except  further  that  any  in- 

71  debtedness  heretofore  incurred  by  the  city  of  New  York  for 

72  any  rapid  transit  or  dock  investment  may  be  so  excluded 

73  proportionately  to  the  extent  to  which  the  current  net 

74  revenue  received  by  said  city  therefrom  shall  meet  the 

75  interest  and  amortization  instalments  thereof,  provided  that 

76  any  increase  in  the  debt  incurring  power  of  the  city  of  New 

77  York  which  shall  result  from  the  exclusion  of  debts  hereto- 

78  fore  incurred  shall  be  available  only  for  the  acquisition  or 

79  construction  of  properties  to  be  used  for  rapid  transit  or 

80  dock  purposes.    The  legislature  shall  prescribe  the  method 

81  by  which  and  the  terms  and  conditions  under  which  the 

82  amount  of  any  debt  to  be  so  excluded  shall  be  determined, 

83  and  no  such  debt  shall  be  excluded  except  in  accordance 

84  with  the  determination  so  prescribed.    The  legislature  may 

85  in  its  discretion  confer  appropriate  jurisdiction  on  the  ap- 

86  pellate  division  of  the  supreme  court  in  the  first  judicial 

87  department  for  the  purpose  of  determining  the  amount  of 

88  any  debt  to  be  so  excluded.    No  indebtedness  of  a  city  valid 

89  at  the  time  of  its  inception  shall  thereafter  become  invalid 

90  by  reason  of  the  operation  of  any  of  the  provisions  of  this 

91  section.    Whenever  the  boundaries  of  any  city  are  the  same 

92  as  those  of  a  county,  or  when  any  city  shall  include  within 

93  its  boundaries  more  than  one  county,  the  power  of  any 

94  county  wholly  included  within  such  city  to  become  indebted 

95  shall  cease,  but  the  debt  of  the  county,  heretofore  existing, 

96  shall  not,  for  the  purposes  of  this  section,  be  reckoned  as 

97  a  part  of  the  city  debt.    The  amount  hereafter  to  be  raised 

98  by  tax  for  county  or  city  purposes,  in  any  county  containing 

99  a  city  of  over  one  hundred  thousand  inhabitants,  or  any 

100  such  city  of  this  state,  in  addition  to  providing  for  the 

101  principal  and  interest  of  existing  debt,  shall  not  in  the 

102  aggregate  exceed  in  any  one  year  two  per  centum  of  the 

103  assessed  valuation  of  the  real  and  personal  estate  of  such 


I]  TEXT  ix  FORCE  APRIL  6,  {91.%.  WITH-  :\OHI->.  101 


Article  VIII,  §   11 


104  county  or  city,  to  be  ascertained  as  prescribed  in  this  section 

105  in  respect  to  county  or  city  debt. 

Source 

Amendments  of  1874,3  Art.  VIII,  §  11;  amended  in  1884  ;3  amended, 
Const.  1894,  Art.  VIII,  §  10;  amended  in  1S99,4  1905,4  1907,4  and 
1909.4 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section  generally,  and  also  with 
special  reference  to  the  limitation  of  indebtedness,  to  what  con- 
stitutes a  gratuity  and  what  a  county,  city,  town  or  village  pur- 
pose, see  IV:686-699. 
References  to  constitutional  conventions  and  commissions. 

1867.  11:358.      1872.  11:557-561.     1894.  111:454-455,   458-459; 

IV:685-686. 
Debates  of  constitutional  conventions 

1867.  11:1137-1170;  111:1723-1726;  V:3606-3607,  3663-3665. 
1894.  IV:980-1005. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,   Overtures  Nos.   148-438    (Int.   148),  168,  237   (Int. 
235),  298  (Int.  294),  464  (Int.  394).5 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  200-232. 


§  11.  The  Legislature  shall  provide  for  a  state  board  of  ^ 

2  charities,    which   shall   visit    and   inspect    all    institutions, 

3  whether  state,  county,  municipal,  incorporated  or  not  incor- 

4  porated,  which  are  of  a  charitable,  eleemosynary,  correctional 

5  or  reformatory  character,  excepting  only  such  institutions 

6  as  are  hereby  made  subject  to  the  visitation  and  inspection 

7  of  either  of  the  commissions,  hereinafter  mentioned,  but  in- 

8  eluding  all  reformatories  except  those  in  which  adult  males 

9  convicted  of  felony  shall  be  confined ;  a  state  commission  in  state  com- 

10  lunacy,  which  shall  visit  and  inspect  all  institutions,  either  SnaT 

11  public  or  private,  used  for  the  care  and  treatment  of  the 

12  insane  (not  including  institutions  for  epileptics  or  idiots) ; 

13  a  state  commission  of  prisons  which  shall  visit  and  inspect  stf te. com- 

mission   of 
prisons 

3  For  texts  of  the  amendments  of  1874  and  1884,  see  Lincoln's  Constitu- 
tional History,  1:308,  323-324,  respectively. 

*  For  the  legislative  history  of  the  amendments  of  1899,  1905,  1907,  and 
1909  and  the  action  of  the  people  thereon,  see  Part  II,  post,  pp.  200-207. 

s  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 


102          ^JSTew  YCEK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  VIII,  §  12 

14  all  institutions  used  for  the  detention  of  sane  adults  charged 

15  with  or  convicted  of  crime,   or  detained  as  witnesses  or 

16  debtors.6 

Source 

Const.  1894,  Art.  VIII,  §  11.     See  also  Const.  1846,  Art.  V,  §  4. 
Lincoln's  Constitutional  History 

For  comment  on  this  section  and  court  decisions  construing  it,  see 

IV  :700-702. 
References  to  constitutional  conventions. 

1867.  11:390-396.     1894.  111:459-474. 
Debates  of  constitutional  conventions 

1867.  1:89-91;  11:1309-1312;  IV  :2711-2753. 

1894.  IV:740-772  (V:2380-2400) ;  IV:777-814  (V:2403-2425) ;  IV: 

883-887  (V:2465-2467). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  261  (Int.  259),  446-460  (Int.  392 ).7 

Appoint-     i        R  12.  The  members  of  the  said  board  and  of  the  said  com- 
ment and  ° 

removal  of  2  missions  shall  be  appointed  by  the  Governor,  by  and  with  the 

sioners       3  advice  and  consent  of  the  Senate;  and  any  member  may  be 

4  removed  from  office  by  the  Governor  for  cause,  an  opportunity 

5  having  been  given  him  to  be  heard  in  his  defense.8 

Source 

Const.  1894,  Art.  VIII,  §  12. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  446-460  (Int.  392 ).9 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  232. 


certain       1  s  13.  Existing  laws  relating  to  institutions  referred  to  in 

state   insti- 

tutions;  ex-  2  the  foregoing  sections  and  to  their  supervision  and  inspection, 

continue^8  3  in  so  far  as  such  laws  are  not  inconsistent  with  the  provisions 


e  For  references  to  various  matters  relating  to  the  subject-matter  of  this 
section,  see  Supplemental  Notes  following  Article  XV,  post,  under  the 
titles  Charities,  and  State  officers. 

^  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 

8  For  grouping  of  various  matters  relating  to  the  appointment  and  removal 
of  state  officers,  see  Supplemental  Notes  following  Article  XV,  post,  under 
the  titles  Appointment,  power  of,  and  Eemoval,  power  of. 

9  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  103 

Article  VIII,  §   14 

4  of  the  Constitution,  shall  remain  in  force  until  amended  or 

5  repealed  by  the  Legislature.    The  visitation  and  inspection  visitation 

6  herein  provided  for,  shall  not  be  exclusive  of  other  visitation  tion 

7  and  inspection  now  authorized  by  law. 

Source 

Const.    1894,   Art.   VIII,    §    13. 
Text  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  446-460   (Int.  392  ).10 
In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  233. 

1  §  14.  Nothing  in  this  Constitution  contained  shall  prevent  Defectives 

2  the  Legislature  from  making  such  provision  for  the  education  llLts-,  n 

3  and  support  of  the  blind,  the  deaf  and  dumb,  and  juvenile  ?£ii  edu- 

.         _    ..  .  cation  and 

4  delinquents,  as  to  it  may  seem  proper ;  or  prevent  any  county,  support 

5  city,  town  or  village  from  providing  for  the  care,  support, 

6  maintenance  and  secular  education,  of  inmates  of  orphan 

7  asylums,  homes  for  dependent  children  or  correctional  in- 

8  stitutions,  whether  under  public  or  private  control.     Pay- 

9  ments  by  counties,  cities,  towns  and  villages  to  charitable, 

10  eleemosynary,    correctional    and    reformatory    institutions, 

11  wholly  or  partly  under  private  control,  for  care,  support  and 

12  maintenance,  may  be  authorized,  but  shall  not  be  required  by 

13  the  Legislature.    No  such  payments  shall  be  made  for  any 

14  inmate  of  such  institutions  who  is  not  received  and  retained 

15  therein  pursuant  to  rules  established  by  the  state  board  of 

16  charities.    Such  rules  shall  be  subject  to  the  control  of  the  control  by 

17  Legislature  by  general  laws.11 

Source 

Const.  1894,  Art.  VIII,  §  14. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:703-705. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  446^60  (Int.  392 ).12 


10  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 

11  See  notes  to  Art.  VIII,  §  9,  ante,  and  to  Art.  IX,  §  4,  post. 

12  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 


104 


YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  VIII,  §  15 


Commis- 
sioners  of 
charities 
and   of 
lunacy 
continued 
in    office; 
additional 
powers 


1  §  15.  Commissioners  of  the  state  board  of  charities  and  com- 

2  missioners  of  the  state  commission  in  lunacy,  now  holding 

3  office,  shall  be  continued  in  office  for  the  term  for  which  they 

4  were   appointed,   respectively,   unless   the   Legislature   shall 

5  otherwise  provide.     The  Legislature  may  confer  upon  the 

6  commissions  and  upon  the  board  mentioned  in  the  foregoing 

7  sections  any  additional  powers  that  are  not  inconsistent  with 

8  other  provisions  of  the  Constitution. 

Source 

Const.  1894,  Art.  VIII,  §  15. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overture  No.  446-460    (Int.  392 ).13 


ARTICLE  IX 


Free   com-     ^ 
mon  schools  1 


Section  1.  The  Legislature  shall  provide  for  the  maintenance 

2  and  support  of  a  system  of  free  common  schools,  wherein  all 

3  the  children  of  this  State  may  be  educated.2 

Source 

Const.  1894,  Art.  IX,  §  1. 

Lincoln's  Constitutional  History 

For  historical  sketch  of  the  statutory  and  constitutional  development 
of  education  in  this  colony  and  state,  together  with  various  com- 
ments on  educational  matters  in  general,  see  111:475-580. 
For  court  decisions  on  educational  matters,  see  IV:706-709. 
References  to  constitutional  conventions  and  commissions. 

1846.  11:204-207.     1867.  11:362,  369,  370,  405.     1872.  11:561— 

562.     1894.  111:554-557;  IV:706. 
Debates  of  constitutional  conventions 

1846.  1022-1026  (Oct.  1),  1075-1076  (Oct.  8). 
1867.  11:1563-1564;  IV:2908-2924;  V:3809-3811,  3813-3814. 
1894.  111:689-696   (IV:1661-1665) ;  IV:857-882    (V:2450-2464). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  310  (Int.  304),  439  (Int.  388 ).3 


13  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 

1  For  references  to  educational  matters  not  coming  within  the  scope  of 
any  particular   section   of  this  Article,   see   Supplemental   Notes   following 
Article  XV,   post,   under   the   following   titles:      Cornell   University;    State 
medical  board.     See  also  the  provision  in  Article  VIII,  §  9,  for  the  educa- 
tion and  support  of  the  blind,  the  deaf  and  dumb,  and  juvenile  delinquents. 

2  For  subject  of  compulsory  education,  see  Supplemental  Notes  following 
Article  XV,  post,  under  the  title  Education. 

3  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  XOTES  105 

Article  IX,,  §  3 

1  §  2.  The  corporation  created  in  the  year  one  thousand  seven 

2  hundred  and  eighty-four,  under  the  name  of  The  Regents  of  New  York 

3  the  University  of  the  State  of  New  York,  is  hereby  continued 

4  under  the  name  of  The  University  of  the  State  of  New  York. 

5  It  shall  be  governed  and  its  corporate  powers,  which  may  be 

6  increased,  modified  or  diminished  by  the  Legislature,  shall  be 

7  exercised,  by  not  less  than  nine  regents. 

Source 

Const.  1894,  Art.  IX,  §  2. 
Lincoln's  Constitutional  History 

For  historical  statement  of  the  causes  and  the  movement  which  led  to 

the  unification  act  of  1904  (Chapter  40),  see  IV:709-71S.4 
For  statistical  comment  on  the  growth  and  development  of  university 

supervision,  see  111:548-550. 
References  to  constitutional  conventions. 

1867.  11:362,  368-369.     1894.  111:552-553,  557-560. 
Debates  of  constitutional  conventions 
1867.  IV  :2841-2897,  2902-2908. 

1894.  111:696-738   (IV:1665-1691) ;  IV:857-882   (V:2450-2464). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  246  (Int.  244),  310  (Int.  304),  439 
(Int.  388). 5 


1  §  3.  The  capital  of  the  common  school  fund,  the  capital  of  Educational 

funds 

2  the  literature  fund,  and  the  capital  of  the  United  States  deposit 

3  fund,  shall  be  respectively  preserved  inviolate.    The  revenue  of 

4  the  said  common  school  fund  shall  be  applied  to  the  support  of 

5  common  schools ;  the  revenue  of  the  said  literature  fund  shall 

6  be  applied  to  the  support  of  academies ;  and  the  sum  of  twenty 

7  five  thousand  dollars  of  the  revenues  of  the  United  States  de- 

8  posit  fund  shall  each  year  be  appropriated  to  and  made  part  of 

9  the  capital  of  the  said  common  school  fund. 

Source 

Const.  1846,  Art.  IX,  §  1;  continued  without  change  in  Const.  1894, 
Art.  IX,  §  3.    See  also  Const.  1821,  Art.  VII,  §  10. 


*  For  references  to  former  superintendent  of  public  instruction,  see  Sup- 
plemental Notes  following  Article  XV,  post,  under  the  title  State  officers. 

5  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


106  ^"EW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  IX,  §  4 


Lincoln's  Constitutional  History 

For  history  of  funds,  see  III  :509-524. 

For  court  decisions  construing  this  section,  see  IV  :719. 

References  to  constitutional  conventions. 

1846.  11:204-207.    1867.  11:361.    1894.  111:560. 
Debates  of  constitutional  conventions 
1846.  1074-1075  (Oct.  8). 

1867.  IV:2814-2841,  2897-2902,  2924-2925;  V:3795-380S. 
1894.  111:738-739  (IV:1691-1692) ;  IV:857-882  (V:2450-2464). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  310   (Int.  304),  326   (Int.  318),  439 
(Int.  388). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  233. 


*"  *  §  *•  Neither  the  State  nor  any  subdivision  thereof,  shall  use 

toh?eJeive0t  ^  *ts  Pr°Pertv  or  credit  or  any  public  money,  or  authorize  or 

etate  aid     3  permit  either  to  be  used,  directly  or  indirectly,  in  aid  or  main- 

4  tenance,  other  than  for  examination  or  inspection,  of  any 

5  school  or  institution  of  learning  wholly  or  in  part  under  the 

6  control  or  direction  of  any  religious  denomination,  or  in  which 

7  any  denominational  tenet  or  doctrine  is  taught. 

Source 

Const.  1894,  Art.  IX,  §  4. 
Lincoln's  Constitutional  History 

For  historical  sketch  relating  to  sectarian  appropriations,  see  III : 

553-554,  560-579. 

For  court  decisions  construing  this  section,  see  IV:719-720. 
References  to  constitutional  conventions  and  commissions. 

1872.  11:475.     1894.  111:561-562,  575-579. 
Debates  of  constitutional  conventions 
1867.  IV  :2712-2715. 
1894.111:739-762    (IV:1692-1704) ;    111:766-806    (IV:1707-1728) ; 

111:955-986   (IV:1813-1830) ;  IV:857-882    (V:2450-2464). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  2,  198  (Int.  197),  253  (Int.  251), 
270  (Int.  268),  272  (Int.  270),  348  (Int.  339),  439  (Int.  388).« 


6  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  107 

Article  X,  §   1 


ARTICLE  X 

1  Section  1.  Sheriffs,  clerks  of  counties,  district  attorneys,  and  county8' 

2  registers  in  counties  having  registers,  shall  be  chosen  by  the 

3  electors  of  the  respective  counties,  once  in  every  three  years 

4  and  as  often  as  vacancies  shall  happen,  except  in  the  counties  £m!°etc. 

5  of  New  York  and  Kings,  and  in  counties  whose  boundaries 

6  are  the  same  as  those  of  a  city,  where  such  officers  shall  be 

7  chosen  by  the  electors  once  in  every  two  or  four  years  as  the 

8  Legislature  shall  direct.    Sheriffs  shall  hold  no  other  office, 

9  and  be  ineligible  for  the  next  term  after  the  termination  of 

10  their  offices.    They  may  be  required  by  law  to  renew  their 

11  security,  from  time  to  time;  and  in  default  of  giving  such 

12  new  security,  their  offices  shall  be  deemed  vacant.    But  the 

13  county  shall  never  be  made  responsible  for  the  acts  of  the 

14  sheriff.    The  Governor  may  remove  any  officer,  in  this  section  Removal  by 

15  mentioned,  within  the  term  for  which  he  shall  have  been§° 

16  elected;  giving  to  such  officer  a  copy  of  the  charges  against 

17  him,  and  an  opportunity  of  being  heard  in  his  defense.1 

Source 

Const.  1821,  Art.  IV,  §  8;  amended,  Const.  1846,  Art.  X,  §  1;  amended, 
Const.  1894,  Art.  X,  §  1.    See  also  Const.  1777,  Articles  XXVI  and 
XXVIII. 
Lincoln's  Constitutional  History 

For  history  of  this  section  and  its  judicial  construction,  with  special 

reference  to  the  governor's  power  of  removal,  see  IV:721-733. 
References  to  constitutional  conventions. 
1777.  Sheriffs,  terms,  1 :536. 
1821.  County    officers,    election,    1:671;    terms,   1:673;    removal, 

1:674.     District  attorney,  selection,  1:672;  removal,  1:674. 
1846.  County    officers,    selection,    terms,    removal,    11:208-209. 

County's  liability  for  sheriff's  acts,  11:208. 
1894.  Abolition  of  office  of  coroner  as  a  constitutional  office,  and 

changing  terms,  111:580-581. 
Debates  of  constitutional  conventions 

1821.  Sheriff,  selection  and  removal,  384-392   (Oct.  9-10). 

1846.  County  officers,  selection  and  removal,  1006-1009   (Sept.  29). 


1  For  references  to  various  matters  relating  to  the  subject-matter  of  this 
section,  see  Supplemental  Notes  following  Article  XV,  post,  under  the  titles 
Appointment,  power  of,  Removal,  power  of,  and  County  officers. 


108  XEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  X,  §  2 


1867.  County  officers,  removal,  11:903-923.  County's  liability  for 
sheriff's  acts,  V  :3653.  District  attorney,  appointment  by  governor, 
1:757;  by  court,  11:1001-1004.  Registers,  exception  in  Kings 
county,  11:999-1001.  Sheriffs,  removal,  1:322-324;  term,  11:923- 
927,  1004-1005;  security  to  be  given,  11:923-927. 

1894.  Abolition   of  coroner   and  changing   official  terms,  1:837-854; 

IV  :384-393,  1139-1156. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  .Overtures  Nos.  6-339  (Int.  6),2  38,  56,  89,  285  (Int. 
283),  337  (Int.  329),  337-428  (Int.  329),  358  (Int.  349). 

In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  234-235. 

r    *  §  2.  All  county  officers,  whose  election  or  appointment  is 

^  not  provided  for  by  this  Constitution,  shall  be  elected  by  the 

iTrov?dend0tfor  ^  electors  of  the  respective  counties  or  appointed  by  the  boards 

tutionnstl"     ^  °^  supervisors,  or  other  county  authorities,  as  the  Legislature 

5  shall  direct.   All  city,  town  and  village  officers,  whose  election 

6  or  appointment  is  not  provided  for  by  this  Constitution,  shall 

7  be  elected  by  the  electors  of  such  cities,  towns  and  villages, 

8  or  of  some  division  thereof,  or  appointed  by  such  authorities 

9  thereof,  as  the  Legislature  shall  designate  for  that  purpose. 

10  All  other  officers,  whose  election  or  appointment  is  not  pro- 

11  vided  for  by  this  Constitution,  and  all  officers,  whose  offices 

12  may  hereafter  be  created  by  law,  shall  be  elected  by  the 

13  people,  or  appointed,  as  the  Legislature  may  direct. 

Source 

Const.  1821,  Art.  IV,  §  15;  amended,  Const.  1846,  Art.  X,  §  2.     See 
also  Const.  1777,  Articles  XXIII  and  XXIX;  amendment  of  18264 
relating  to  justices  of  the  peace;  amendment  of  18334  relating  to 
mayors. 
Lincoln's  Constitutional  History 

For  the  judicial  construction  of  this  section  with  special  reference  to 
the  validity  of  statutes  creating  offices  and  distributing  the  power 
of  appointment,  see  IV:734-757. 
For  detailed  historical  discussion  of  the  subject  of  home  rule  and  its 

development  in  this  colony  and  state,  see  111:607-652. 
References  to  constitutional  conventions. 
1777.  1:536.     1846.  11:208-209. 


~  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 

3  For  references  to  various  matters  relating  to  the  subject-matter  of  this 
section,    see    Supplemental    Notes    following    Article    XV,    post,    under    the 
titles  County  officers,  and  Mayor. 

4  For  the  text  of  the  constitutional  amendments   of   1826  and   1833,   see 
Lincoln's  Constitutional  History,  1:222,  223. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  109 

Article  X,  §  5 

Debates  of  constitutional  conventions 

1846.  1011-1012  (Sept.  30).     1867.  11:927-930,  1005-1007. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  223  (Int.  221),  305  (Int.  299). 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  236. 


1  §  3.  When  the  duration  of  any  office  is  not  provided  by  this  JJKr01 

2  Constitution,  it  may  be  declared  by  law,  and  if  not  so  declared, 

3  such  office  shall  be  held  during  the  pleasure  of  the  authority 

4  making  the  appointment. 

Source 

Const.   1777,  Art.  XXVIII;  amended,  Const.  1821,  Art.  IV,   §  16; 

amended,  Const.  1846,  Art.  X,  §  3. 
Lincoln's  Constitutional  History 

For  history  of  this  section  and  court  decisions  construing  it,  see  IV: 

757-760. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  61. 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  236. 

1  §  4.  The  time  of  electing  all  officers  named  in  this  article  Tlrae  of 

elections; 

2  shall  be  prescribed  by  law.  ^ 

Source 

Const.  1821,  Art.  I,  §  15,  Art.  IV,  §  15 ;  amended,  Const.  1846,  Art. 
X,  §  4.     See  also  Const.  1777,  Art.  XXIX.     In  relation  to  mayors 
see  Const.  1777,  Art.  XXIII;  Const.  1821,  Art.  IV,  §  10;  amend- 
ments of  18335  and  1839  ;5  Const.  1894,  Art.  XII,  §  3. 
Texts  of  proposed  amendments 

In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  237. 


1  §  5.  The  Legislature  shall  provide  for  filling  vacancies  in  vacancies 

2  office,  and  in  case  of  elective  officers,  no  person  appointed  to 

3  fill  a  vacancy  shall  hold  his  office  by  virtue  of  such  appoint- 

4  ment  longer  than  the  commencement  of  the  political  year  next 

5  succeeding  the  first  annual  election  after  the  happening  of  the 

6  vacancy. 

Source 

Const.  1846,  Art.  X,  §  5. 


5  For  text  of  the  constitutional  amendments  of  1833  and  1839,  see  Lincoln's 
Constitutional  History,  1:223,  224. 


110  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  X,  §  6 


Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:  761-763. 
Debates  of  constitutional  conventions 
1867.  11:1363-1365. 

- 1        §  6.  The  political  year  and  legislative  term  shall  begin  on 
lative  term  g    tke  fi^  fay.  Of  januaiy ;  and  the  Legislature  shall,  every  year, 
3    assemble  on  the  first  Wednesday  in  January. 

Source 

Const.  1821,  Art.  I,  §  14;  continued  without  change  in  Const.  1846, 

Art.  X,  §  6;  amended,  Const.  1894,  Art.  X,  §  6. 
Lincoln's  Constitutional  History 

For  judicial  construction  of  this  section,  see  IV:764. 
References  to  constitutional  conventions. 

1821.  Political  year,  1:640.     1867.  Sessions,  11:324-325.     1894. 

Day  of  assembling,  111:581. 
Debates  of  constitutional  conventions 

1821.  Political  year,   121-122    (Sept.   10).     1846.  Sessions,  431-^36 
(July   2).      1867.  Sessions,   11:1289-1293.     1894.  Day   of   assem- 
bling, II  :688-689. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  444  (Int.  385 ).6 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  237-238. 

Removals    1  §  7.  Provision  shall  be  made  by  law  for  the  removal  for  mis- 

2  conduct  or  malversation  in  office  of  all  officers,  except  judicial, 

3  whose  powers  and  duties  are  not  local  or  legislative  and  who 

4  shall  be  elected  at  general  elections,  and  also  for  supplying 

5  vacancies  created  by  such  removal.7 

Source 

Const.  1846,  Art.  X,  §  7. 
Texts  of  proposed  amendments 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  238. 

vacancies;   i       §  8.  The  Legislature  may  declare  the  cases  in  which  any  office 
iatu?e  mly8  2    shall  be  deemed  vacant  when  no  provision  is  made  for  that 

determine 

3    purpose  in  this  Constitution. 

Source 

Const.  1846,  Art.  X,  §  8. 


«  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 

7  See  Supplemental  Notes  following  Article  XV,  post,  under  the  title 
Removal,  power  of. 


TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  111 

Article  XI,  §   1 

Lincoln's  Constitutional  History 

For  judicial  construction  of  this  section,  see  IV:764-765. 
Texts  of  proposed  amendments 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  238. 

1  §  9.  No  officer  whose  salary  is  fixed  by  the  Constitution 

2  shall  receive  any  additional  compensation.    Each  of  the  other 

3  state  officers  named  in  the  Constitution  shall,  during  his  con- 

4  tinuance  in  office,  receive  a  compensation,  to  be  fixed  by  law, 

5  which  shall  not  be  increased  or  diminished  during  the  term 

6  for  which  he  shall  have  been  elected  or  appointed;  nor  shall 

7  he  receive  to  his  use  any  fees  or  perquisites  of  office  or  other 

8  compensation. 

Source 

Amendment  of  1874,  Art.  X,  §  9. 
Lincoln's  Constitutional  History 

For  comment  on  this  section,  see  IV:765. 

References  to  constitutional  conventions  and  commissions. 

1872.  11:562-563. 
Debates  of  constitutional  conventions 

1846.  Fees  prohibited,  504,  517-520  (Aug.  4-5). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  49-366-378  (Int.  49). 

In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  239. 

ARTICLE  XI  * 

1  Section  1.  All  able-bodied  male  citizens  between  the  ages  Militia- 

0        now   coa- 

2  of  eighteen  and  forty-five  years,  who  are  residents  of  the  State, 

3  shall  constitute  the  militia,  subject  however  to  such  exemp- 

4  tions  as  are  now,  or  may  be  hereafter  created  by  the  laws  of 

5  the  United  States,  or  by  the  Legislature  of  this  State. 

Source 

Const.  1821,  Art.  VII,   §  5;  amended,  Const.   1846,  Art.  XI,   §   1; 
amended,  Const.  1894,  Art.  XI,  §  1.     See  also  Const.  1777,  Art. 
XXIV. 
Lincoln's  Constitutional  History 

For  historical  sketch  of  the  statutes  and  constitutional  provisions  in 
this  colony  and  state  relating  to  the  militia,  with  general  com- 
ments on  the  subject,  see  111:582-605,  and  IV:765-766. 


isa- 
con- 


i  For  the  subject  of  pensions  for  military  service,  see  Supplemental  Notes 
following  Article  XV,  post,  under  the  title  Pensions. 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  XI,  §  2 


For  court  decisions  on  military  matters,  see  IV:  766-767. 
References  to  constitutional  conventions. 

1777.  1:546.     1846.  11:209.    1867.  11:378-379,  406.    1S94.    Ill- 

602-605. 
Debates  of  constitutional  conventions 

1821.  Exemptions  because  of  religious  scruples,  577-580   (Oct.  31). 
1867.  Exemptions  because  of  religious  scruples,  V  :3686-36S9  ;  militia, 

11:1215-1221;  V:3696-3698. 
1894.  IV:1088-1098   (VI:2585-2591). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  40,  235  (Int.  233),  342-453  (Int. 
333  ).2 

Enlistment  j_        §  2.  The  Legislature  may  provide  for  the  enlistment  into 

2  the  active  force  of  such  other  persons  as  may  make  application 

3  to  be  so  enlisted. 

Source 

Const.  1894,  Art.  XI,  §  2. 
Lincoln's  Constitutional  History 

For  comment  on  this  section,  see  IY:767. 

References  to  constitutional  conventions. 

1894.  IV:767. 
Debates  of  constitutional  conventions 

1867.  11:1227.     1894.  IV:1088-1098  (VI:  2585-25  91). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  342-453  (Int.  333  ).3 


ganization 
and   mal 
tenance 


§  3-  The  militia  shall  be  organized  and  divided  into  such 

and  mam-   %  jan(j  an(j  nava^  an(|  active  and  reserve  forces,  as  the  Legis- 

3  lature  may  deem  proper,  provided  however  that  there  shall  be 

4  maintained  at  all  times  a  force  of  not  less  than  ten  thousand 

5  enlisted  men,  fully  uniformed,  armed,  equipped,  disciplined 

6  and  ready  for  active  service.4    And  it  shall  be  the  duty  of  the 

7  Legislature  at  each  session  to  make  sufficient  appropriations 

8  for  the  maintenance  thereof. 

Source 

Const.  1894,  Art,  XI,  §  3. 


2  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

s  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

*  For  reserve  officers  in  national  guard,  see  Supplemental  Notes  following 
Article  XV,  post,  under  the  title  National  guard. 


TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  113 

Article  XI,  §  5 

Lincoln's  Constitutional  History 

See  notes  under  Art.  XI,  §  1. 
Debates  of  constitutional  conventions 

1867.  11:1215-1221,  1225-1227;  V:3689,  3696-3698. 

1894.  IV:1088-1098  (VI: 2585-2591). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  342-453   (Int.  333 ).5 


1  §  4.  The  Governor  shall  appoint  the  chiefs  of  the  several  Governor  to 

2  staff  departments,  his  aides-de-camp  and  military  secretary,  SSS 

3  all  of  whom  shall  hold  office  during  his  pleasure,  their  com- 

4  missions  to  expire  with  the  term  for  which  the  Governor  shall 

5  have  been  elected;  he  shall  also  nominate,  and  with  the  con- 

6  sent  of  the  Senate  appoint,  all  major-generals.6 

Source 

Const.   1821,  Art.   IV,   §   2;   amended,   Const.   1846,  Art.   XI,   §    3; 
amended,  Const.  1894,  Art.  XI,  §  4.     See  also  Const.  1777,  Art. 
XXIV. 
Lincoln's  Constitutional  History 

For  court  decisions  under  this  section,  see  IV:768. 
References  to  constitutional  conventions. 

1777.  1:535.     1821.  1:672. 
Debates  of  constitutional  conventions 
1821.  299-301  (Oct.  1). 

1867.  11:1221-1224;  V:3691-3692,  3694-3695,  3861-3862. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  342^53   (Int.  333 ).7 
In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  241. 


1  §  5.  All  other  commissioned  and  non-commissioned  officers 

2  shall  be  chosen  or  appointed  in  such  manner  as  the  Legislature 

3  may  deem  most  conducive  to  the  improvement  of  the  militia, 

4  provided  however  that  no  law  shall  be  passed  changing  the 


5  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

6  For  other  references  to  the  appointment  of  military  officers,  see  Supple- 
mental Notes  following  Article   XV,   post,   under   the   titles  Appointment, 
power  of,  and  National  guard. 

7  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


114 


YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  XI,  §  6 


5  existing  mode  of  election  and  appointment  unless  two-thirds 

6  of  the  members  present  in  each  house  shall  concur  therein. 

Source 

Const.  1821,  Art.  IV,  §§  3  and  5;  amended,  Const.  1846,  Art.  XI, 
§§  4  and  6;  amended,  Const.  1894,  Art.  XI,  §  5.     See  also  Const. 
1777,  Art.  XXIV. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:768. 
References  to  constitutional  conventions. 

1821.  1:672.    1846.  11:209. 
Debates  of  constitutional  conventions 

1821.  643-644    (Nov.  8).     1867.  11:1225;   V:3692-3693.     1894.  IV: 

1088-1098  (VI  :2585-2591) . 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  342-453  (Int.  333 ).8 


Commis- 
sioned   offi- 
cers; how 
commis- 
sioned;   re- 
moval 


1  §  6.  The  commissioned  officers  shall  be  commissioned  by  the 

2  Governor  as  commander-in-chief.     No  commissioned  officer 

3  shall  be  removed  from  office  during  the  term  for  which  he  shall 

4  have  been  appointed  or  elected,  unless  by  the  Senate  on  the 

5  recommendation  of  the  Governor,  stating  the  grounds  on  which 

6  such  removal  is  recommended,  or  by  the  sentence  ef  a  court- 

7  martial,  or  upon  the  findings  of  an  examining  board  organized 

8  pursuant  to  law,  or  for  absence  without  leave  for  a  period  of 

9  six  months  or  more.9 


Source 

Const.  1821,  Art.  IV,  §  4;  continued  without  change  in  Const.  1846, 
Art.  XI,  §  5;  amended,  Const.  1894,  Art.  XI,  §  6.    See  also  Const. 
1777,  Articles  XXIII  and  XXIV. 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:  769-770. 
References  to  constitutional  conventions. 

1821.  1:674. 
Debates  of  constitutional  conventions 

1867.  11:1224-1225.     1894.  IV:1088-1098   (VI:2585-2591). 


8  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

» For  other  references  to  the  removal  of  military  officers,  see  Supple- 
mental Notes  following  Article  XV,  post,  under  the  title  Kemoval,  power  of. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  115 

Article  XII,  §  1 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  342-453  (Int.  333). 10 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  242. 


ARTICLE  XII  1 

1  Section  1.  It  shall  be  the  duty  of  the  legislature  to  provide  °I^anoifza- 

2  for  the  organization  of  cities  and  incorporated  villages,  and  jit  j«s  ^and 

3  to  restrict  their  power  of  taxation,  assessment,  borrowing  legislature 

r  °  to  restrict 

4  money,  contracting  debts,  and  loaning  their  credit,  so  as  to  J^fnow_ 

5  prevent  abuses  in  assessments  and  in  contracting  debt  by  ers 

6  such  municipal  corporations  ;  and  the  legislature  may  reg 


7  ulate  and  fix  the  wages  or  salaries,  the  hours  of  work  ormuntcIPal 

employees; 

8  labor,  and  make  provision  for  the  protection,  welfare  and  J 

9  safety  of  persons  employed  by  the  state  or  by  any  county,  ture 

10  city,  town,  village  or  other  civil  division  of  the  state,  or  by 

11  any  contractor  or  subcontractor  performing  work,  labor  or 

12  services  for  the  state,  or  for  any  county,  city,  town,  village  or 

13  other  civil  division  thereof. 

Source 

Const.  1846,  Art.  VIII,  §  9  ;  continued  without  change  in  Const.  1S94, 

Art.  XII,  §  1;  amended  in  1905.2 
Lincoln's  Constitutional  History 

For  comment  on  this  section  and  court  decisions  construing  it,  see 

IV  -.770-775. 

For  history  of  the  movement  to  prevent  the  incorporation  of  cities 
and  villages  by  special  laws,  see  11:199-203;  111:627-628;  IV:770- 
771. 
References  to  constitutional  conventions. 

1846.  11:199-203.     1894.  111:627-628,   647-648;    IV:770-77L 
Debates  of  constitutional  conventions 

1867.  11:1230-1233,  1460-1462,  1507-1513;  111:2095-2098;  IV:3164r- 

3168,  3177-3180. 
1894.  11:351-352   (11:813). 


1°  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 

1  For  references  to  various  matters  relating  to  cities,  including  the  sub- 
ject of  home  rule,  see  Supplemental  Notes  following  Article  XV,  post,  under 
the  title  Cities. 

2  For  the  legislative  history  of  the  amendment  of  1905  and  the  action  of 
the  people  thereon,  see  Part  II,  post,  pp.  242-243. 


116 


YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  XII,  §  2 


Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overtures  Nos.  51,  72,  93,  207  (Int.  205),  353  (Int. 

344). 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  pp.  242-247. 


Classifica-          -t 
tion    of  * 

cities  2 

3 
4 
5 
6 

General  and     IT 
special    city      • 

8 
9 

10 
11 

Special    city  1O 
laws;   how 


passed    by 
legislature 
and   ac- 
cepted  by 
cities 

13 
14 
15 

16 

17 

18 

19 

- 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

§  2.  All  cities  are  classified  according  to  the  latest  state 
enumeration,  as  from  time  to  time  made,  as  follows:  The 
first  class  includes  all  cities  having  a  population  of  one  hun- 
dred  and  seventy-five  thousand  or  more ;  the  second  class,  all 
cities  having  a  population  of  fifty  thousand  and  less  than 
one  hundred  and  seventy-five  thousand;  the  third  class,  all 
other  cities.  Laws  relating  to  the  property,  affairs  of  govern- 
ment of  cities,  and  the  several  departments  thereof,  are 
divided  into  general  and  special  city  laws ;  general  city  laws 
are  those  which  relate  to  all  the  cities  of  one  or  more  classes ; 
special  city  laws  are  those  which  relate  to  a  single  city,  or 
to  less  than  all  the  cities  of  a  class.  Special  city  laws  shall 
not  be  passed  except  in  conformity  with  the  provisions  of  this 
section.  After  any  bill  for  a  special  city  law,  relating  to  a 
city,  has  been  passed  by  both  branches  of  the  legislature,  the 
house  in  which  it  originated  shall  immediately  transmit  a 
certified  copy  thereof  to  the  mayor  of  such  city,  and  within 
fifteen  days  thereafter  the  mayor  shall  return  such  bill  to  the 
house  from  which  it  was  sent,  or  if  the  session  of  the  legis- 
lature at  which  such  bill  was  passed  has  terminated,  to  the 
governor,  with  the  mayor's  certificate  thereon,  stating 
whether  the  city  has  or  has  not  accepted  the  same.  In  every 
city  of  the  first  class,  the  mayor,  and  in  every  other  city,  the 
mayor  and  the  legislative  body  thereof  concurrently,  shall 
act  for  such  city  as  to  such  bill ;  but  the  legislature  may  pro- 
vide  for  the  concurrence  of  the  legislative  body  in  cities  of 
the  first  class.  The  legislature  shall  provide  for  a  public 
notice  and  opportunity  for  a  public  hearing  concerning  any 
such  bill  in  every  city  to  which  it  relates,  before  action 
thereon.  Such  a  bill,  if  it  relates  to  more  than  one  city,  shall 
be  transmitted  to  the  mayor  of  each  city  to  which  it  relates, 
and  shall  not  be  deemed  accepted  unless  accepted  as  herein 
provided,  by  every  such  city.  Whenever  any  such  bill  is 
accepted  as  herein  provided,  it  shall  be  subject  as  are  other 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  117 

Article  XII,  §  3 

35  bills,  to  the  action  of  the  governor.    Whenever,  during  the  ^t 

36  session  at  which  it  was  passed,  any  such  bill  is  returned  with-  cceptyanceac~ 

37  out  the  acceptance  of  the  city  or  cities  to  which  it  relates,  or 

38  within  such  fifteen  days  is  not  returned,  it  may  nevertheless 

39  again  be  passed  by  both  branches  of  the  legislature,  and  it 

40  shall  then  be  subject  as  are  other  bills,  to  the  action  of  the 

41  governor.    In  every  special  city  law  which  has  been  accepted  ™taiof 

42  by  the  city  or  cities  to  which  it  relates,  the  title  shall  be  city  laws 

43  followed  by  the  words  ' '  accepted  by  the  city, "  or  ' '  cities, ' ' 

44  as  the  case  may  be ;  in  every  such  law  which  is  passed  without 

45  such  acceptance,  by  the  words  ' '  passed  without  the  accept- 

46  ance  of  the  city, "  or  "  cities, ' '  as  the  case  may  be. 

Source 

Const.  1894,  Art.  XII,  §  2;  amended  in  1907.3 
Lincoln's  Constitutional  History 

For  the  judicial  construction  of  this  section  with  special  reference  to 
the  question  whether,  in  a  given  case,  a  bill  is  or  is  not  a  city  bill, 
and  therefore  should  or  should  not  be  transmitted  to  the  city  or 
cities  affected,  and  for  certain  rules  that  have  been  formulated  by 
Mr.  Lincoln  to  aid  in  the  determination  of  this  question,  see  IV: 
777-786.  See  also  these  pages  for  certain  rules  formulated  by  Mr. 
Lincoln  relating  to  the  provision  requiring  the  return  of  city  bills 
to  the  legislature  or  governor,  and  the  computation  of  time  in  con- 
nection therewith. 

References  to  constitutional  conventions. 

1894.  111:628-652. 
Debates  of  constitutional  conventions 

1894.  Classification  of  cities.  11:229-230  (11:747-748);  11:243- 
244  (11:755-756);  11:342-343  (11:807-808);  11:353  (11:814). 
City  laws,  general  and  special.  111:494-521  (IV:1552-1556)  ;  IV: 
815-824  (V:2425-2431);  IV:980-1005  (V:2522-2537).  Refer- 
endum. 11:244-246  (11:756-757);  11:381-383  (11:829-830). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  267  (Int.  265),  461,  464  (Int.  394  ).4 

In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  248-252. 

1  §  3.  All  elections  of  city  officers,  including  supervisors  and  ^ty  om^ 

2  judicial  officers  of  inferior  local  courts,  elected  in  any  city*jecj|d. 


3  For  legislative  history  of  the  amendment  of  1907  and  the  action  of  the 
people  thereon,  see  Part  II,  post,  pp.  248-249. 

*  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 


118  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  XII,  §  3 

3  or  part  of  a  city,  and  of  county  officers  elected  in  the  counties 

4  of  New  York  and  Kings,  and  in  all  counties  whose  boundaries 

5  are  the  same  as  those  of  a  city,  except  to  fill  vacancies,  shall 

6  be  held  on  the  Tuesday  succeeding  the  first  Monday  in  No- 

7  vember  in  an  odd-numbered  year,  and  the  term  of  every  such 
S  officer  shall  expire  at  the  end  of  an  odd-numbered  year.    The 
9  terms  of  office  of  all  such  officers  elected  before  the  first  day 

10  of  January,  one  thousand  eight  hundred  and  ninety-five, 

11  whose  successors  have  not  then  been  elected,  which  under 

12  existing  laws  would  expire  with  an  even-numbered  year,  or 

13  in  an  odd-numbered  year  and  before  the  end  thereof,  are 

14  extended  to  and  including  the  last  day  of  December  next 

15  following  the  time  when  such  terms  would  otherwise  expire ; 

16  the  terms  of  office  of  all  such  officers,  which  under  existing 

17  laws  would  expire  in  an  even-numbered  year,  and  before  the 

18  end  thereof,  are  abridged  so  as  to  expire  at  the  end  of  the 
Exceptions   ]_g  preceding  year.    This  section  shall  not  apply  to  any  city  of 

20  the  third  class,  or  to  elections  of  any  judicial  officer,  except 

21  judges  and  justices  of  inferior  local  courts. 

Source 

Const.  1894,  Art.  XII,  §  3.     For  election  of  mayor,  see  also  Const. 
1777,  Art.  XXIII;   Const.  1821,  Art.  IV,   §   10;   amendments  of 
18335  and  1839.5 
Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV : 787-788. 
References  to  constitutional  conventions. 

1894.  111:628,  640-642. 
Debates  of  constitutional  conventions 

1894.11:111-112    (11:683);  11:169-170    (11:715);   11:340-342    (II: 
806-807);    11:353    (11:814);    11:392-393    (11:835);    111:276-342 
(111:1429-1466). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  3,  88,  176  (Int.  175),  318  (Int.  310 ), 
451  (Int.  369).6 
In  the  legislature,  1895-1914 :  see  Part  II,  post,  p.  253. 


s  For  the  text  of  the  constitutional  amendments  of  1833  and  1839  relat- 
ing to  mayors,  see  Lincoln's  Constitutional  History,  1:223,  224. 

e  This  overture  was  adopted  by  the  convention  and  accordingly  became  a 
part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  119 

Article  XIII,  §  1 


ARTICLE  XIII 

1  Section  1.  Members  of  the  Legislature,  and  all  officers,  ex- 

2  ecutive  and  judicial,  except  such  inferior  officers  as  shall  be 

3  by  law  exempted  shall,  before  they  enter  on  the  duties  of 

4  their  respective  offices,  take  and  subscribe  the  following  oath 

5  or  affirmation:    "  I  do  solemnly  swear  (or  affirm)  that  I  will 

6  support  the  Constitution  of  the  United  States,  and  the  Con- 

7  stitution  of  the  State  of  New  York,  and  that  I  will  faithfully 

8  discharge  the  duties  of  the  office  of ,  according  to  the 

9  best  of  my  ability ; ' '  and  all  such  officers  who  shall  have  been 

10  chosen  at  any  election  shall,  *befor  they  enter  on  the  duties 

11  of  their  respective  offices,  take  and  subscribe  the  oath  or 

12  affirmation  above  prescribed,  together  with  the  following 

13  addition  thereto,  as  part  thereof: 

14  "And  I  do  further  solemnly  swear  (or  affirm)  that  I  have 

15  not  directly  or  indirectly  paid,  offered  or  promised  to  pay, 

16  contributed,  or  offered  or  promised  to  contribute  any  money 

17  or  other  valuable  thing  as  a  consideration  or  reward  for  the 

18  giving  or  with-holding  a  vote  at  the  election  at  which  I  was 

19  elected  to  said  office,  and  have  not  made  any  promise  to 

20  influence  the  giving  or  with-holding  any  such  vote,"  and  no 

21  other  oath,  declaration  or  test  shall  be  required  as  a  quali- 

22  fication  for  any  office  or  public  trust.1 

Source 

Const.  1821,  Art.  VI,  §  1;  continued  without  change  in  Const.  1846, 
Art.  XII,  §  1;  amended  in  1874,  Art.  XII,  §  1;  continued  without 
change  in  Const.  1894,  Art.  XIII,  §  1. 

Lincoln's  Constitutional  History 

For  comment  upon  this  section  and  court  decisions  construing  it,  see 

IV  :789-790.    See  also  IV  :726. 
References  to  constitutional  conventions  and  commissions. 

1777.  1:552.      1867.  11:406.      1872.  11:482,    563-565,    571-572. 

1894.  111:652-653. 
Debates  of  constitutional  conventions 

1821.  206-210  (Sept.  21).  1867.  1:606-616.  1894.  11:457-460  (I: 
233-235). 


*  So  in  original. 

iFor  references  on  the  subject  of  the  regulation  of  expenditures  of  can- 
didates for  public  office,  see  Supplemental  Notes  following  Article  XV, 
post,  under  the  title  Campaign  expenses. 


120 


YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  XIII,  §  2 


Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  34,  94,  142,  144,  158-445  (Int.  158), 
190  (Int.  189),  356  (Int.  347). 


Acceptance 
of   bribe   by 
public   offi- 
cer a  felony 


1  §  2.  Any  person  holding  office  under  the  laws  of  this  State, 

2  who,  except  in  payment  of  his  legal  salary,  fees  or  perquisites, 

3  shall  receive  or  consent  to  receive,  directly  or  indirectly,  any 

4  thing  of  value  or  of  personal  advantage,  or  the  promise 

5  thereof,  for  performing  or  omitting  to  perform  any  official 

6  act,  or  with  the  express  or  implied  understanding  that  his 

7  official  action  or  omission  to  act  is  to  be  in  any  degree  in- 

8  fluenced  thereby,  shall  be  deemed  guilty  of  a  felony.    This 

9  section  shall  not  affect  the  validity  of  any  existing  statute  in 
10  relation  to  the  offense  of  bribery. 


Source 

Amendments  of  1874,  Art.  XV,   §  1;  continued  without  change  in 

Const.  1894,  Art.  XIII,  §  2. 
Lincoln's  Constitutional  History 

References  to  constitutional  conventions. 

1867.  11:379-382,  406.    1872.  11:571-572. 
Debates  of  constitutional  conventions 

1867.  111:2276-2288;   IV  :2568-2573 ;  V:3297-3320,  3331-3355. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overture  No.  211  (Int.  209). 


Offer   of 
bribe  to 
public    offi- 
cer a  felony 

Person   of- 
fering 
bribe   not 
privileged 
from   testi- 
fying;   im- 
munity 


1  §  3.  Any  person  who  shall  offer  or  promise  a  bribe  to  an 

2  officer,  if  it  shall  be  received,  shall  be  deemed  guilty  of  a 

3  felony  and  liable  to  punishment,  except  as  herein  provided. 

4  No  person  offering  a  bribe  shall,  upon  any  prosecution  of  the 

5  officer  for  receiving  such  bribe,  be  privileged  from  testifying 

6  in  relation  thereto,  and  he  shall  not  be  liable  to  civil  or 

7  criminal  prosecution  therefor,  if  he  shall  testify  to  the  giving 

8  or  offering  of  such  bribe.    Any  person  who  shall  offer  or 

9  promise  a  bribe,  if  it  be  rejected  by  the  officer  to  whom  it  was 

10  tendered,  shall  be  guilty  of  an  attempt  to  bribe,  which  is 

11  hereby  declared  to  be  a  felony. 


Source 

Amendments  of  1874,  Art.  XV,   §  2;  continued  without  change  in 
Const.  1894,  Art.  XIII,  §  3. 


I]  TEXT  m  FORCE  APRIL  6,  1915,  WITH  NOTES  121 

Article  XIII,  §  5 

Lincoln's  Constitutional  History 

For  court  decisions  relating  to  bribery,  see  IV:791-792. 
Debates  of  constitutional  conventions 

1867.  111:2276-2280;  IV  :2568-2573  ;  V:3297-3320,  3331-33o5. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  211  (Int.  209). 


1  §  4.  Any  person  charged  with  receiving  a  bribe,  or 

2  offering  or  promising  a  bribe,  shall  be  permitted  to  testify  in 

3  his  own  behalf  in  any  civil  or  criminal  prosecution  therefor. 

Source 

Amendments  of  1874,  Art.  XV,  §   3;  continued  without  change  in 
Const.  1894,  Art.  XIII,  §  4. 

Lincoln's  Constitutional  History 

References  to  constitutional  conventions  and  commissions. 

1872.  11:571-572.     1894.  111:653. 
Debates  of  constitutional  conventions 

1894.  1:733-734   (1:384). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  197  (Int.  196),  211  (Int.  209). 


1  §  5.  No  public  officer,  or  person  elected  or  appointed  to  a 

2  public  office,  under  the  laws  of  this  State,  shall  directly  or  aaf 

3  indirectly  ask,  demand,  accept,  receive  or  consent  to  receive  cerb311Cin0ffl 


4  for  his  own  use  or  benefit,  or  for  the  use  or  benefit  of  another,  i 

5  any  free  pass,  free  transportation,  franking  privilege  or  dis-  tgeTephoned 

6  crimination  in  passenger,  telegraph  or  telephone  rates,  from  Sinking 

7  any  person  or  corporation,  or  make  use  of  the  same  himself  Jtc.,  5ro- 

8  or  in  conjunction  with  another.    A  person  who  violates  any  penaitii 

9  provision  of  this  section,  shall  be  deemed  guilty  of  a  mis- 

10  demeanor,  and  shall  forfeit  his  office  at  the  suit  of  the  At- 

11  torney-General.    Any  corporation,  or  officer  or  agent  thereof, 

12  who  shall  offer  or  promise  to  a  public  officer,  or  person  elected 

13  or  appointed  to  a  public  office,  any  such  free  pass,  free  trans- 

14  portation,  franking  privilege  or  discrimination,  shall  also  be 

15  deemed  guilty  of  a  misdemeanor  and  liable  to  punishment 

16  except  as  herein  provided.    No  person,  or  officer  or  agent  of  a  No  priv._ 

17  corporation  giving  any  such  free  pass,  free  transportation,  {|ftelfyff°". 

18  franking  privilege  or  discrimination  hereby  prohibited,  shall 


122  XEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  XIII,  §  6 

19  be  privileged  from  testifying  in  relation  thereto,  and  he 

20  shall  not  be  liable  to  civil  or  criminal  prosecution  therefor  if 

21  he  shall  testify  to  the  giving  of  the  same. 

Source 

Const.  1894,  Art.  XIII,  §  5. 

Lincoln's  Constitutional  History 

For  comment  upon  this  section  and  court  decisions  construing  it,  see 

IV:791-792. 
References  to  constitutional  conventions  and  commissions. 

1890.  11:717-718,  724.     1894.  111:653-658;  IV:793. 
Debates  of  constitutional  conventions 

1894.  111:117-139   (111:1345-1356);  IV:480-512  (V:2230-224S). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894 :  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  47-384  (Int.  47),2  54,  328  (Int.  320). 
In  the  legislature,  1895-1914:  see  Part  II,  post,  p.  254. 

Removal  of    1  §  6.  Any  district  attorney  who  shall  fail  faithfully  to 

attorney  for  2  prosecute  a  person  charged  with  the  violation  in  his  county 

prosecute      3  of  any  provision  of  this  article  which  may  come  to  his  knowl- 

4  edge,  shall  be  removed  from  office  by  the  Governor,  after  due 

county  ex-    5  notice  and  an  opportunity  of  being  heard  in  his  defense.    The 

6  expenses  which  shall  be  incurred  by  any  county,  in  investi- 

7  gating  and  prosecuting  any  charge  of  bribery  or  attempting 

8  to  bribe  any  person  holding  office  under  the  laws  of  this 

9  State,  within  such  county,  or  of  receiving  bribes  by  any  such 

10  person  in  said  county,  shall  be  a  charge  against  the  State,  and 

11  their  payment  by  the  State  shall  be  provided  for  by  law. 

Source 

Amendments  of  1874,  Art.  XV,   §  4;  continued  without  change  in 
Const.  1894,  Art.  XIII,  §  6. 

Lincoln's  Constitutional  History 

For  court  decisions  construing  this  section,  see  IV:794. 
References  to  constitutional  conventions. 

1867.  11:380,406. 
Debates  of  constitutional  conventions 

1867.  V:3820-3824. 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overture  No.  211  (Int.  209). 


2  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FOECE  APRIL  6,  1915,  WITH  NOTES  123 

Article  XIV,  §   1 


ARTICLE  XIV 

1  Section  1.  Any  amendment  or  amendments  to  this  Consti-  ^ 

2  tution  may  be  proposed  in  the  Senate  and  Assembly;  and  if ™*jgd.- 

3  the  same  shall  be  agreed  to  by  a  majority  of  the  members  £^2^° 

4  elected  to  each  of  the  two  houses,  such  proposed  amendment 

5  or  amendments  shall  be  entered  on  their  journals,  and  the 

6  yeas  and  nays  taken  thereon,  and  referred  to  the  Legislature 

7  to  be  chosen  at  the  next  general  election  of  senators,  and 

8  shall  be  published  for  three  months  previous  to  the  time  of 

9  making  such  choice ;  and  if  in  the  Legislature  so  next  chosen, 

10  as  aforesaid,  such  proposed  amendment  or  amendments  shall 

11  be  agreed  to  by  a  majority  of  all  the  members  elected  to  each 

12  house,  then  it  shall  be  the  duty  of  the  Legislature  to  submit  ts0ub^dSloa 

13  each  proposed  amendment  or  amendments  to  the  people  for  bf 

14  approval  in  such  manner  and  at  such  times  as  the  Legislature 

15  shall  prescribe;  and  if  the  people  shall  approve  and  ratify 

16  such  amendment  or  amendments  by  a  majority  of  the  electors 

17  voting  thereon,  such  amendment  or  amendments  shall  be- 

18  come  a  part  of  the  Constitution  from  and  after  the  first  day 

19  of  January  next  after  such  approval.1 

Source 

Const.  1821,  Art.  VIII,  §  1;  amended,  Const.  1846,  Art.  XIII,  §  1; 

amended,  Const.  1894,  Art.  XIV,  §  1. 
Ijincoln's  Constitutional  History 

For  comment  on  this  section  and  summary  of  action  which  has  been 

taken  under  it,  see  IV:795-796. 
References  to  constitutional  conventions  and  commissions. 

1821.  1:750-751.      1867.  11:382.      1872.  11:565.      1894.  111:659. 
Debates  of  constitutional  conventions 

1821.  291-294  (Sept.  29).    1846.  1038  (Oct.  2).    1867.  11:1351;  IV: 

2804-2814,  3018-3020.     1894.  11:4-25  (11:625-636). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 

Amendments,  Overture  No.  375-383-436  (Int.  368 ).2 
In  the  legislature,  1895-1915 :  see  Part  II,  post,  pp.  255-258. 


1  For  the  text  of  all  amendments  to  the  Constitution  that  have  been  pro- 
posed in  the  legislature  from  1895  to  1914,  inclusive,  pursuant  to  this  section, 
the  legislative  history  of  these  proposals,  and  the  action  of  the  people  on  the 
amendments  submitted  to  them,  see  Part  II  of  this  work. 

2  This  overture  was  amended  in  the  committee  of  the  whole  and  reprinted 
(see  overture  as  it  was  on  the  order  of  third  reading),  but  no  new  reprint 


124  NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 

Article  XIV,  §  2 


Submission 
to    people 
of   question 
of  consti- 
tutional 
convention ; 
election    of 
delegates 


1 
2 
3 
4 
5 
6 
7 
8 
9 

10 
11 
12 

Convention;  13 
time,    place, 
etc.  14 

15 

16 
17 
18 
19 
20 
21 
22 
23 
24 

Officers,  25 

employees, 
rules,    etc.     26 

27 
28 
29 
30 
31 
32 
33 
34 
35 


Compensa- 
tion   of 
delegates 


Quorum 


Vote    on 
amendments 


Vacancies 

among 

delegates 


§  2.  At  the  general  election  to  be  held  in  the  year  one  thou- 
sand nine  hundred  and  sixteen,  and  every  twentieth  year 
thereafter,  and  also  at  such  times  as  the  Legislature  may  by 
law  provide,  the  question,  "  Shall  there  be  a  convention  to 
revise  the  Constitution  and  amend  the  same?"  shall  be  de- 
cided by  the  electors  of  the  State ;  and  in  case  a  majority  of 
the  electors  voting  thereon  shall  decide  in  favor  of  a  con- 
vention for  such  purpose,  the  electors  of  every  senate  district 
of  the  State,  as  then  organized,  shall  elect  three  delegates  at 
the  next  ensuing  general  election  at  which  members  of  the 
Assembly  shall  be  chosen,  and  the  electors  of  the  State  voting 
at  the  same  election  shall  elect  fifteen  delegates  at  large. 
The  delegates  so  elected  shall  convene  at  the  capitol  on  the 
first  Tuesday  of  April  next  ensuing  after  their  election,  and 
shall  continue  their  session  until  the  business  of  such  con- 
vention shall  have  been  completed.  Every  delegate  shall 
receive  for  his  services  the  same  compensation  and  the  same 
mileage  as  shall  then  be  annually  payable  to  the  members 
of  the  Assembly.  A  majority  of  the  convention  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  and  no 
amendment  to  the  Constitution  shall  be  submitted  for  ap- 
proval to  the  electors  as  hereinafter  provided,  unless  by  the 
assent  of  a  majority  of  all  the  delegates  elected  to  the  con- 
vention, the  yeas  and  nays  being  entered  on  the  journal  to 
be  kept.  The  convention  shall  have  the  power  to  appoint 
such  officers,  employes  and  assistants  as  it  may  deem  neces- 
sary, and  fix  their  compensation  and  to  provide  for  the  print- 
ing of  its  documents,  journal  and  proceedings.  The  conven- 
tion shall  determine  the  rules  of  its  own  proceedings,  choose 
its  own  officers,  and  be  the  judge  of  the  election,  returns  and 
qualification  of  its  members.  In  case  of  a  vacancy,  by  death, 
resignation  or  other  cause,  of  any  district  delegate  elected  to 
the  convention,  such  vacancy  shall  be  filled  by  a  vote  of 
the  remaining  delegates  representing  the  district  in  which 
such  vacancy  occurs.  If  such  vacancy  occurs  in  the  office 


number  was  given  to  it.  When  reached  on  the  order  of  third  reading  it  was 
passed  but  immediately  reconsidered  and  section  2  amended  (see  Eevised 
Kecord,  IV:  1104-1108,  original  record,  2595-2598),  but  the  overture  as  thus 
amended  and  finally  passed  was  apparently  never  printed.  Sections  1  and  3, 
however,  were  not  affected  by  the  amendment  made  upon  the  recon- 
sideration. 


I]  TEXT  IK-  FORCE  APRIL  6,  1915,  WITH  KOTES  125 


Article  XIV,  §  2 


36  of  a  delegate-at-large,  such  vacancy  shall  be  filled  by  a  vote 

37  of  the  remaining  delegates-at-large.    Any  proposed  consti-  submission 

38  tution  or  constitutional  amendment  which  shall  have  been  ratification 

39  adopted  by  such  convention,  shall  be  submitted  to  a  vote  ofoonsfftu- 

40  of  the  electors  of  the  State  at  the  time  and  in  the  manner  amendments 

41  provided  by  such  convention,  at  an  election  which  shall  be 

42  held  not  less  than  six  weeks  after  the  adjournment  of  such 

43  convention.    Upon  the  approval  of  such  constitution  or  con- 

44  stitutional  amendments,  in  the  manner  provided  in  the  last 

45  preceding  section,  such  constitution  or  constitutional  amend-  -rime  of 

46  ment,  shall  go  into  effect  on  the  first  day  of  January  next  aSSF 

47  after  such  approval. 

Source 

Const.  1846,  Art.  XIII,  §  2;  amended,  1874,  Art.  XVI,  §  I;3  amended, 

Const.  1894,  Art.  XIV,  §  2. 
Lincoln's  Constitutional  History 

For  history  of  the  movement  to  call  the  constitutional  convention 
which  finally  met  in  1821,  with  special  reference  to  the  veto  by  the 
council  of  revision,  on  objections  reported  by  Chancellor  Kent,  of 
the  convention  bill  of  November  20,  1820,  on  the  grounds,  first, 
that  it  contained  no  provision  for  ascertaining  the  sense  of  the 
people  on  the  question  of  holding  a  convention;  and  second,  that 
it  provided  for  submitting  the  amended  constitution  to  the  people 
as  a  whole,  and  did  not  give  them  any  opportunity  to  discriminate 
as  to  their  approval  or  disapproval  of  its  different  parts,  see  I: 
616-628. 

For  history  of  the  efforts  to  call  constitutional  conventions  in  1858, 
1861  and  1865,  see  11:233-234. 

For  discussion  of  the  power  of  the  legislature  (in  the  absence  of  con- 
stitutional restrictions)  to  control  the  time  and  manner  of  the  sub- 
mission to  the  people  of  a  constitution  adopted  by  a  constitutional 
convention,  and  remarks  on  legislative  control,  in  general,  of  a 
constitutional  convention,  see  11:407-418. 

For  statement  of  the  events  from  1886,  when  the  people  voted  that  a 
constitutional  convention  should  be  held,  to  the  holding  of  the  con- 
vention in  1894,  including  an  historical  sketch  of  the  reasons  for 
this  long  delay,  see  111:4-25. 

References  to  constitutional  conventions  and  commissions. 
1821.  1:751-752;  11:210. 
1846.  11:209-213. 

1867.  11:242-243,  382-383,  407-414. 
1872.  11:572-574. 


3  For  the  text  of  the  constitutional  amendment  of  1874,  see  Lincoln  'a 
Constitutional  History,  I:  311. 


126 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED         [Part 


Article  XIV,  §  3 


1894.  When  conventions  to  be  held,  111:660-661;   how  conven- 
tions   constituted,    111:661-664;    powers   of   convention,   III: 
664-671. 
Debates  of  constitutional  conventions 

1821.  Method  of  submission,  625-627  (Nov.  5). 

1846.  Convention,  7944;  submission,  1079   (Oct.  9);  publication,  961 

(Sept.  24),  1079  (Oct.  9). 

1867.  Convention,  how  called,  V:3825-3827;  method  of  submission, 
1:392-410,  V:3790-3792,  3876-3893,  3916-3926;  time  of  submis- 
sion, V:3S93-3907;  publication,  V:3926-3927. 

1894.  Convention,  IV:826-833  (V:2432-2435),  IV:891-901  (V:2470- 
2476),  IV:1102-1108  (V:2595-2598)  ;  powers  of  convention,  I: 
336-337  (1:164)  ;  convention,  judge  of  election  of  members,  1:244- 
246,  1  :248-270  (1:122-133),  1:334;  publication,  IV:711  (V:2364), 
IV:1232-1250  (VI:2670-2679),  IV:1268-1272  (VI:2690-2692)  ; 
submission,  11:4-25  (11:625-636);  IV:1102-1108  (V:2595-2598), 
IV:1232-1250  (VI:  2  670-2679). 

Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894:  see  Proposed  Constitutional 
Amendments,  Overtures  Nos.  59,  206  (Int.  204),  239  (Int.  237), 
287  (Int.  285),  293  (Int.  289),  375-383^36  (Int.  368).  5 

In  the  legislature,  1895-1914:  see  Part  II,  post,  pp.  260-261. 


ieg?siatnure 


1  §  3.  Any  amendment  proposed  by  a  constitutional  conven- 

2  tion  relating-  to  the  same  subject  as  an  amendment  proposed 

3  by  the  Legislature,  coincidently  submitted  to  the  people  for 

4  approval  at  the  general  election  held  in  the  year  one  thousand 

5  eight  hundred  and  ninety-four,  or  at  any  subsequent  election, 

6  shall,  if  approved,  be  deemed  to  supersede  the  amendment  so 

7  proposed  by  the  Legislature. 


Source 

Const.  1894,  Art.  XIV,  §  3. 
Lincoln's  Constitutional  History 

For  explanation  of  this  section,  see  111:671,  and  IV:799-800. 

Debates  of  constitutional  conventions 

1894.  IV:891-901   (V:2470-2476). 
Texts  of  proposed  amendments 

In  the  constitutional  convention  of  1894  :  see  Proposed  Constitutional 
Amendments,  Overture  No.  375-383-436  (Int.  368).  5 


*  This  page  reference  is  to  the  Argus  edition  of  the  1846  debates.  It  is 
apparently  not  covered  by  the  Atlas  edition.  See  introductory  note. 

s  This  overture  was  adopted  by  the  convention  and  accordingly  became 
a  part  of  the  Constitution. 


I]  TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES  127 

Article  XV,  §   1 


ARTICLE  XV. 

1  Section  1.  This  Constitution  shall  be  in  force  from 

2  including  the  first  day  of  January,  one  thousand  eight  hun- 

3  dred  and  ninety-five,  except  as  herein  otherwise  provided. 

4  Done  in  Convention  at  the  Capitol  in  the  city  of  Albany, 

5  the  twenty  ninth  day  of  September,  in  the  year  one 

6  thousand  eight  hundred  and  ninety-four,  and  of  the 

7  Independence  of  the  United  States  of  America  the 

8  one  hundred  and  nineteenth. 

9  In  witness  whereof,  we  have  hereunto  subscribed 

10  our  names. 

11  JOSEPH  HODGES  CHOATE 

12  President  and  Delegate  at  Large. 

13  CHARLES  ELLIOTT  FITCH 

14  Secretary. 

Lincoln's  Constitutional  History 

For  reference  to  certain  parts  of  the  Constitution  of  1846,  the  opera- 
tion of  which  was  postponed,  see  II  :216-217.  For  similar  in- 
formation relative  to  the  Constitution  of  1894,  see  III : 6 71-672. 


SUPPLEMENTAL  NOTES1 


Aliens 

Naturalization. 

Lincoln.     (1777)   1:547-552. 
Title  to  land. 

Lincoln.     (1867)   11:294.     (1872)   11:475. 

Convention  debates.     1867.     V :  3257-3260,  3555-3556. 

Appeals 

On  questions  of  procedure,  to  supreme  court. 

Convention  debates.    1867.    V :  3729-3730,  3859-3861. 

Appointment,  power  of 

By  council  of  appointment. 

Lincoln.     (1777)    1:531-535,577-581.     (1801)    1:610-612,615- 

620.     (1821)    1:596-607,749-750. 
Convention   debates.     1821.     296-301    (Oct.   1),   309-327    (Oct. 

2-3),  674-676  (Appendix). 
By  governor. 
In  general. 

Lincoln.     (1872)  II :  468-469,  520-532. 

Convention    debates.      1821.      589-592    (Nov.    1);    674-676 

(Appendix). 

1867.     II :  1235-1269,  1272-1280. 

Judges  of  court  of  appeals,  vacancies  (when  senate  not  in  ses- 
sion).    See  Art.  VI,  §  8. 

Justices  of  the  appellate  division.     See  Art.  VI,  §  2. 
Military  officers.     See  Art.  XI,  §  4. 
Police  officers  in  cities. 

Lincoln.     ( 1894 )     III :  642-643. 

Convention  debates.     1894.     111:372-419   (111:1482-1509), 

III :  432-148  (III :  1518-1526) . 
Surrogates.     See  Art.  VI,  §  15. 
By  governor  with  consent  of  senate. 

Judges  of  court  of  appeals,  vacancies.    See  Art.  VI,  §  8. 
Military  officers.     See  Art.  XI,  §  4. 
State  board  of  charities.     See  Art.  VIII,  §§  11,  12. 
State  commission  in  lunacy.    See  Art.  VIII,  §§  11,  12. 

l  For  explanation  of  the  references  to  Lincoln  and  to  the  convention  debates, 
see  the  introductory  note  following  the  title  page.  The  Lincoln  references 
preceded  by  figures  in  parentheses  are  to  the  constitutional  conventions  or 
commissions  occurring  in  the  years  indicated  within  the  parentheses. 

In  particular,  see  the  introductory  note  following  the  title  page  for  the 
warning  against  considering  the  Supplemental  Notes  as  exhaustive,  ihey 
are  generally  from  their  very  nature  fragmentary  only,  but  are  often  sup- 
plemented by  other  references  in  the  notes  to  the  sections  of  the  Constitution. 

[129] 


130  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Appointment  power   of  —  Bills 

Appointment,  power  of  —  continued 

State  commission  of  prisons.     See  Art.  VIII,  §§  11,  12. 
State  treasurer,  successor  to.    See  Art.  V,  §  7. 
Superintendent  of  public  works.     See  Art.  V,  §  3. 
Superintendent  of  prisons.     See  Art.  V,  §  4. 
By  legislature. 
In  general. 

Convention  debates.     1821.     599-600  (Nov.  1). 
Certain  officers  not  otherwise  specified.     See  Art.  X,  §  2. 
Certain  vacancies.     See  Art.  X,  §  5. 
Civil  officers. 

Convention  debates.    1821.    302-307  (Oct.  1). 
By  mayor. 

City  officers. 

Convention  debates.     1867.     IV  :3157-3159. 
Police  officers. 

Lincoln.     (1894)  111:642-643. 

Convention  debates.     1894.     Ill :  372-419   ( III :  1482-1509 ) , 
III :  432^448  (IV :  1518-1526) . 

Assessment 

In  cities. 

Lincoln.     (1846)  11:198. 
Method  of. 

Convention  debates.     1867.     V :  3484-3500,  3757-3762. 

Attorneys 

Fees. 

Lincoln.     (1846)  11:209. 

Convention  debates.    1846.    1013  (Sept.  30). 
Qualifications. 

Convention  debates.     1846.     779-780   (Aug.  3). 

Attorney-general 

Duty  in  court  of  claims. 

Convention  debates.     1867.    II :  1347-1348,  1353-1361. 

Banking  and  currency 

History  to  1846.    Lincoln.     11:27-45. 

Convention  debates.     1846.     182,  185    (June  29),  985-991,  994 
(Sept.  28). 

Banks 

Bills  and  notes  of. 

Convention  debates.     1846.     998-1005   (Sept,  28-29). 

Bills 

Introduction,  limitation  on  time. 
Lincoln.     ( 1872 )  II :  495-497. 
Convention  debates.     1867.     II :  1294-1305. 


I]  SUPPLEMENTAL  NOTES  131 


Bills  —  Canals 


Bills  —  continued 

Private  or  local. 

Manner  of  passage. 

Lincoln.     (1872)  11:495-497.     (1894)  111:302. 
Convention  debates.     1867.     11:1371-1378. 

1894.    11:476-482  (11:878-881). 
Prohibited  in  following  cases: 

Disposition  of  infant's  real  property. 

Convention  debates.     1867.     II :  1386-1387. 
Regulation  of  liquor  traffic. 

Convention  debates.     1867.     IV :  2791-2795. 
Release  of  escheated  lands. 
Lincoln.     (1867)  11:327. 

Convention  debates.    1867.    II :  1381-1383 ;  V :  3603-3604. 
Exceptions  as  to  commissioners  of  jurors. 
Lincoln.     (1894)   111:298-299. 
Convention  debates.     1894.    1 :  951-973  (1 :  501-513) . 

Bill  of  rights 

History  and  development  of. 

Lincoln.    1 :  715-743. 
Necessity  for. 

Convention  debates.     1821.     171-173  (Sept.  18). 

Bipartisan  election  boards 

In  cities.     See  Cities. 

Bounty  debt 

Renewal  of. 

Convention  debates.     1867.     111:2337-2338. 

Bridges 

Appropriations  for  canal  bridges. 

Convention  debates.    1867.    Ill:  2059-2073,  2080-2094;  V:  3640- 
3641. 

Campaign  expenses 

Candidate's  expenditures  regulated. 

Convention  debates.     1894.     111:876-918  (IV:  1768-1791) ;  IV: 
1011-1013  (VI:  2542-2543). 

Canals 

In  general. 

Lincoln.    II :  45-58,  353-357. 

Convention   debates.     1867.     1:129-134,   159-160;   11:812-816, 

1058-1068. 

1894.       11:697-698     (11:1001);     IV:  924-942     (V:2489- 
2500),  IV:  227-349  .(V:  2101-2160). 


132  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Canals  —  Corporations 

Canals  —  continued 
Canal  auditor. 

Convention  debates.     1867.     Ill :  2035-2038,  2345-2347. 
Canal  bridges,  appropriations  for. 

Convention  debates.    1867.    Ill :  2059-2073,  2080-2094 ;  V :  3640- 

3641. 
Canal  debt. 

Lincoln.     (1846)    11:165-174.     See  also  11:218-223,  576,  592- 

594,  653-655. 

Convention  debates.  1867.  1 :793-794 ;  II  :1462-1475,  1517-1518 ; 
111:1601-1606,  1608-1624,  1630-1723,  1726-1771,  1781- 
1827,  1830-1840,  1855-1862,  1865-1881;  V:  3501-3509, 
3699-3704. 

1894.    IV:  943-969  (V:  2500-2515). 
Canal  funds. 

Lincoln.     1 : 690-715. 

Convention   debates.     1821.     446-460    (Oct.   15-17). 

1867.     V  :3741-3743. 
Canal  revenues. 

Lincoln.      (1846)    11:168-172. 

Convention  debates.     1846.     880-894,  896-940,  951-957    (Sept. 

17-19,  21-23). 
1867.     V  -.3741-3743. 
Canal  sinking  funds. 

Lincoln.     (1846)  11:166-167,  171. 
Convention  debates.     1867.    V:2229-2243,  3699-3704. 
Care  and  management. 

Convention  debates.    1867.    V   :3951-3957  (Appendix). 
Claims  for  damage  by. 

Convention    debates.     1867.     111:2059-2073,    2080-2094,   2355- 
2356. 

Corporations 

Banking,  bills  and  notes  of. 

Convention  debates.    1846.    998-1005  (Sept.  28-29). 
Non-banking,  liability  of  stockholders. 

Lincoln.     (1846)  11:185,  188,  191.     (1867)  11:371. 

Convention  debates.     1846.    974-980,  982-983  (Sept.  25-26). 

1867.    1:670;  11:1089-1092. 
State  bank  prohibited. 

Convention  debates.    1867.     11:1085-1089. 
Capital  stock,  payment  of. 

Convention  debates.     1867.     11:1078. 
Condemnation  by. 

Lincoln.     (1846)  11:187,  189. 
Corporators,  liability  of. 

Convention  debates.     1867.     11:1079-1080. 
Debts  of,  limited. 

Lincoln.     (1846)   11:185,  187-188. 


SUPPLEMENTAL  NOTES  133 

Corporations  —  Church  and  state 

Corporations  —  continued 

Debts  of,  to  be  published. 

Lincoln.     (1846)   11:185,  187-188. 
Foreign  corporations,  to  secure  performance  of  obligations. 

Lincoln.     (1867)   11:371. 

Convention  debates.     1867.     1 :671. 
Franchises  of. 

Lincoln.      (1846)   11:185,  188-189. 
Special  privileges  to,  restrictions. 

Lincoln.     (1846)    11:187,  189. 

Convention  debates.     1846.     1005-1006   (Sept.  29). 
Stockholders,  laws  to  protect  minority. 

Convention  debates.     1867.     11:1092-1098,  1108. 
Stockholders,  names  to  be  published. 

Lincoln.      (1846)    11:185,  187-188. 
Trusts  and  monopolies. 

Convention  debates.     1894.     IV:  1067-1078  (VI:  2574-2580). 

Capital 

Relation  to  labor. 

Lincoln.     (1894)   111:70-72. 

Capital  punishment 
Abolition. 

Lincoln.  (1894)  111:72. 

Convention  debates.   1894.   1: 1036-1037  (II:  544-545) ;  II:  148- 
164  (11:704-712). 

Capital  police  district 

Convention  debates.     1867.     IV :  2936,  2949-2959. 

Capital  stock 

Payment  of. 

Convention  debates.    1867.    II :  1078. 

Chancery 

Court  of.     See  Courts. 

Charities 

Board  of  commissioners. 

Lincoln.     (1867)  11:390-391. 

Convention  debates.     1867.     IV :  2710,  2720-2726,  2744-2754. 
Charitable  trusts. 

Lincoln.     (1867)  11:392,395. 
Sectarian  charities. 

Convention  debates.     1867.     IV :  2712-2715. 

Church  and  state 

Convention  debates.     1867.     Ill :  2711-2712. 


134  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Cities 

Cities 

Boards  of  aldermen  and  audit. 

Lincoln.     (1872)   11:567-569. 
Boards  and  commissions,  terms  of. 

Convention  debates.     1894.     11:358-361  (111:1474-1476). 
Common  council,  minority  representation. 

Convention  debates.  1894.  II :  349-353  (II :  812-814) ;  II :  366- 
367  (II :  821) ;  II :  375-378  (II :  826-827) ;  III :  472^90  (IV : 
1539-1549 ) ;  III :  493-494  ( IV :  1552 ) ;  III :  543-551  ( IV : 
1580-1584) ;  III :  555-580  (IV :  1587-1600) ;  III :  601-607 
(IV:  1612-1616). 
Condemnation  by. 

Lincoln.     (1846)  11:198-199. 
Consolidation  of. 

Convention  debates.     1S94.     11:358-359   (11:817);  11:385-389 

(11:831-833). 
Courts  of.    See  Courts. 
Department  heads. 

Lincoln.     (1872)  11:567. 
Election  boards,  bipartisan. 

Convention  debates.     1894.    11:112-117   (11:683-686);   11:170 
(II :  715) ;     II :  243     (II :  755) ;     II :  252-263     (II :  760-765) ; 
II :  357-358  (II :  816) ;  II :  371-375  (II :  824-826) ;  II :  378-381 
(11:827-829);  11:401-402  (11:839-840). 
Elections,  use  of  party  names  prohibited. 

Lincoln.      (1894)  'ill:  630. 
Free  cities,  historical  reference  to. 

Convention  debates.     1867.     IV :  2948-2949. 
Home  rule.    See  also  other  topics  under  Cities. 
Historical  references. 

Lincoln.    II :  667-681 ;  III :  605-626. 
In  general. 

Lincoln.    (1821)111:615-617.    (1846)111:617-619.    (1867) 

II : 351-353.  (1872)  II : 569-570.  (1894)  III :  626-652. 
Convention  debates.  1867.  IV :  2935,  2959,  2972-3018,  3020- 

3063,  3067-3108,  3117-3180. 

1894.  1 :  5-6  (1 :  7) ;  II :  102-111  (II :  678-683) ;  II :  123- 
131  (11:689-694);  11:167-176  (11:713-718);  II: 
181-191  (11:721-726);  11:225-228  (11:746-747); 
II :  231-234  (II :  749-750) ;  II :  238-242  (II :  752-755) ; 
II :  246-252  (II :  757-760)  ;  II :  359-366  (II :  817- 
821);  11:367-371  (11:821-824);  11:389-401  (II: 
833-839);  111:273-342  (111:1427-1466);  111:358- 
419  (111:1474-1509);  111:424-448  (IV:1513-1526) ; 
111:458-490  (IV:  1532-1549) ;  111:494-521  (IV: 
1552-1566) ;  III :  543-551  (IV :  1580-1584) ;  III :  555- 
580  (IV:  1587-1600);  111:601-631  (IV:  1612-1628) ; 
III :  638-654  (IV :  1632-1641) ;  IV :  727-740  (V : 
2373-2380);  IV:  815-824  (V:  2425-2431) ;  IV :  980- 
1005  (VI:  2522-2537). 


I]  SUPPLEMENTAL  NOTES  135 


Cities  —  Claims 


Cities  —  continued 

Power  of  the  legislature  over  cities  under. 

Lincoln.     ( 1872 ) .     II :  570-571 ;  III :  620-652. 

Convention  debates.  1867.  IV :  3146-3155.  1894.  II :  353-354 

(11:814-815). 
Legislative  bodies  of. 

Convention  debates.     1867.     IV :  3140-3141.     1894.     II :  234-238 
(II :  750-752) ;  II :  348-349  (II :  812) ;  III :  609-617  (IV :  1616- 
1621). 
Mayor. 

Election  of. 

Lincoln.     (1821)  I:  672;  II:  6-7,  9-10.     (1872)  II:  566-567. 
Convention  debates.    1867.    IV :  2926-2934,  2966,  3125-3127, 

3132-3133. 

1894.    11:352  (11:813-814). 
Powers.     See  also  Appointment,  Power  of. 
Lincoln.     (1872)   11:566-567. 
Convention  debates.   1867.   IV :  2974-2980,  3125-3127,  3132- 

3133. 
1894.  II :  230-231  (II  :  748-749) ;  II :  343-345  (II :  808) ; 

11:358  (11:816-817). 
Officers. 

Abolition  by  legislature. 

Convention  debates.     1867.     IV :  3173-3174. 
Choice. 

Lincoln.     Ill :  608-620. 
Removal  of.     See  Removal,  Power  of. 
Police.     See  Police. 

Taxation,  assessment  for,  when  and  how  made. 
Lincoln.     (1846)   11:198. 

Civil  process 

Exemption  from. 

Convention  debates.     1846.     1064-1065  (Oct.  6). 

Civil  service  employees 
Pensions  for. 

Convention  debates.     1867.     V :  3262-3263,  3448-3452. 

Claims 

Court  of  claims.     See  Courts. 
For  damage  by  canals. 

Convention   debates.      1867.      111:2059-2073,   2080-2094,   2355- 

2356. 
Solicitor  of  claims. 

Convention  debates.     1867.     IV :  2773-2776. 
State  claims  against  corporations. 

Lincoln.     (1867)  11:167-168,  181-182. 

Convention   debates.     1867.     V :  3743. 


136  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Clergy  —  Council  of  appointment 

Clergy 

Ineligible  to  office. 

Lincoln.     (1777)1:545-546.     (1846)11:111-112.     (1872)11:474. 
Convention  debates.     1846.     551-552   (Aug.  8). 

Codification  of  laws 

Lincoln.     (1846)   11:164.     (1894)  111:52-57. 
Convention  debates    1846.     838-840   (Sept.  10). 

1894.     II :  887-888  ( III :  1106 ) ;  I V :  448-450   ( V :  2213-2215 ) . 

Common  council 

Minority  representation.     See  Cities. 

Commissary-general 

Convention  debates.     1867.     11:1227. 

Commission  of  appeals.     See  Courts. 

Commissions 

Abolition  of. 

Convention   debates.     1894.     11:843-859    (111:1081-1090). 

Commissioner  of  jurors.    See  Bills,  private  or  local 

Conciliation 

Courts  of.     See  Courts. 

Congressional  delegates 
How  chosen. 

Lincoln.       (1777)    1:536-537. 

Constitution 

Analysis  of  1777.     Lincoln.     1 :589-595. 
1846.     11:214-215. 
1867.    11:396-407. 
1894.     Ill :  672-674. 
Submission  of  1867  and  result.     Lincoln.     II :  407-419. 

Constitutionality  of  laws.    See  Courts;  Council  of  revision 

Cornell  University 

Lincoln.     11:362-368,  454-455. 

Convention   debates.     1867.     IV :  2814-2841,  2897-2900. 

Coroner.    See  County  officers 

Corporations.    See  page  132. 

Council  of  appointment.    See  Appointment,  power  of 


I]  SUPPLEMENTAL  KOTES  .137 


Council  of  revision  —  Courts 


Council  of  revision 

Lincoln.      (1777)    1:504-505.      (1820)    1:620-621,   626-628.      (1821) 
1:743-749.     (1872)11:507-511.     See  also  IV:555. 

Counties.     See  also  County  officers 

Alteration  by  legislature  prohibited. 

Convention  debates.     1867.     11:1232-1233. 
State  tax  on. 

Convention  debates.    1846.     1068-1069  (Oct.  7). 
1867.     111:2340. 

County  judge 

Associate  county  judge. 

Convention*  debates.     1846.     825-827   (Sept.  9). 
1867.     IV:  2602-2609,  2668-2670. 

County  officers 

Compensation. 

Convention  debates.     1867.     11:958-961. 
Coroner. 

Lincoln.      (1777)    1:536.      (1846)    11:208.      (1894)    111:580. 

See  also  IV:  721. 
Convention  debates. 

1821.    540-541  (Oct.  26). 

1867.     II :  1005. 

1894.     1:836-845    (1:438-443),    1:848-851    (1:446-448); 

11:35-41   (11:641-643);  IV:384-393    (V:2179-2183). 
Superintendent  of  the  poor. 

Lincoln.      (1846)    11:208. 
Supervisor. 

Convention  debates.     1867.     1:756-757;  11:898-903. 
Treasurer. 

Lincoln.     (1846)  11:208. 

Convention  debates.     1846.     1009-1010   (Sept,  29.) 
1867.    II :  1180. 

Courts.     See  also  Judicial  system 

City  courts. 

In  New  York  city. 

Convention  debates.     1821.    479-484  (Oct.  19). 
Commission  of  appeals. 

Lincoln.      (1867)    11:262-264,  465. 

Convention  debates.   1867.   Ill :  2383-2390 ;  IV :  2407-2408,  2641- 
2644. 


138  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Courts  —  Debt 

Courts  —  continued 

Court  of  chancery. 

Lincoln.    (1821)  1 :  672-674,  677,  679-681 ;  II :  66-68,  72.    (1846) 

11:140-144,  217. 

Convention  debates.    1821.    500-523  (Oct.  22-24) ;  671-673  (ap- 
pendix).   1846.   559-582  (Aug.  10-11);  834-836  (Sept.  10). 
Court  of  claims. 

Lincoln.     (1890)  11:719. 
Attorney-general,  duty  in. 

Convention  debates.    1867.    II :  1347-1348,  1353-1361. 
Organization. 

Lincoln.     (1867)  11:322,  326,  402.     (1894)  111:374. 
Convention  debates.     1867.     11:1319-1348;  IV :  2755-2773. 
Procedure  in.     See  Procedure. 
Statute  of  limitations  in. 

Convention  debates.     1867.     V :  3526,  3641-3647. 
Court  of  conciliation. 

Lincoln.     (1867)  11:163-164. 

Convention  debates.    1846.    588-590  (Aug.  12);  798-804  (Sept. 

3);  833-834  (Sept.  10).     1867.     IV :  2704-2707. 
Custody  of  money  paid  into  court. 

Convention  debates.    1846.    822-823  (Sept.  8).    1867.    V:3728- 

3731. 
Jurisdiction,  transfer  of  causes. 

Lincoln.     (1890)  11:698. 
Power  to  declare  laws  unconstitutional. 

Convention  debates.     1867.    V :  3283-3284,  3356-3365. 
Probate  court. 

Convention  debates.     1867.     V :  3724-3725,  3733-3734. 
Reports,  council  of  law  reporting. 

Lincoln.     (1890)   11:718-719.     (1894)   111:372. 
Supreme  court,  appeals  to.     See  Procedure. 
Uniform  procedure.     See  Procedure. 

Criminal  law 

Suspended  sentence.     1867.    1 : 125. 

Damages 

From  riots. 

Lincoln.     (1867)  11:294. 
Convention  debates.     1867.    V :  3257-3260. 
By  canals. 

Convention   debates.     1867.     111:2059-2073,   2080-2094,   2355- 
2356. 

Debt 

Imprisonment  for. 

Lincoln.      (1894)    111:72-73. 
State  debt.    See  State  finance. 


I]  SUPPLEMENTAL  NOTES  139 

Division   of  water  —  Governor 

Diversion  of  waters 

Of  Niagara  river.    See  Niagara  river. 

Divorce 

Causes  for. 

Convention  debates.     1867.    11:1378-1379,  1383-1385;  V:3549- 
3550. 

Education 

Compulsory. 

Lincoln.     (1867)  11:370.     (1872)  11:561.     (1894)  111:531. 
Superintendent   of  public   instruction. 

Lincoln.     (1867)  11:361.     See  also  111:545;  IV:  710,  716. 

Convention  debates.    1867.    IV :  2841-2897,  2902-2908. 

Election  boards 

Bipartisan.     See  Cities. 

Eligibility  to  office 

Every  voter  eligible  to  every  office. 
Lincoln.     (1846)   11:119,  126. 

Eminent  domain 

By  corporations. 

Lincoln.     (1846)  11:187,  189. 

Escheated  lands 

Release  by  private  or  local  bill  prohibited. 
Lincoln.     (1867)  11:327. 
Convention  debates.     1867.     11:1381-1383;  V:  3603-3604. 

Exemptions 

From  civil  process. 

Convention  debates.     1846.     1064-1065   (Oct.  6). 

Extradition.     See  Governor 

Fisheries 

International. 

Lincoln.     (1867)  11:293. 

Convention  debates.     1867.     V :  3261-3262,  3554-3555. 

Foreign  corporations.    See  Corporations 
Free  cities 

Historical  reference  to. 

Convention  debates.     1867.     IV :  2948-2949. 

Governor 

Ineligible  to  other  offices. 
Lincoln.     (1846)   11:135. 

Convention  debates.     1846.     310-320    (July  15),  358-360   (July 
20). 


140  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 


Governor  —  Judicial  system 


Governor  —  continued 
Powers. 

Appointment  of  officers.     See  Appointment,  power  of. 
Extradition. 

Lincoln.    IV:  476-477. 

Convention  debates.     1846.    320-322  (July  15). 
Filling  vacancies. 

Lincoln.     (1872)  11:538. 
Removal  of  officers.     See  Removal,  power  of. 
Property   qualifications. 
Lincoln.      II :  7-9. 

Home  rule.    See  Cities 

Impairment  of  remedies 

Lincoln.     (1867)  11:293. 

Convention  debates.    1846.    828-830  (Sept.  9.) 

Imprisonment  for  debt 

Lincoln.     (1894)  111:72-73. 

Infants 

Real  property,  disposition  by  private  or  local  bill  prohibited. 
Convention  debates.     1867.   II :  1386-1387. 

Initiative  and  referendum 

Lincoln.     (1894)  111:300-302. 

Convention  debates.    1894.    II :  797-817  (III :  1057-1067) ;  III :  106- 
109  (111:1337-1338). 

Intoxicating  liquors.    See  also  Bills,  private  or  local 
Regulation  of  sale  of. 

Lincoln.     (1872)11:    385-386,475-476.     (1894)111:299-300. 

See  also         :  230,  665-667. 
Convention    debates.      1867.      111:2274-2275;    IV :  2791-2795 ; 

V:  3265-3282,  3285-3297,   3666-3671. 

1894.     11:87-91  (11:671-672),  11:767-773  (111:1039-1043), 
11:791-797    (111:1053-1057). 

Judicial  system 
In   general. 

Lincoln.     (1821)   1:677-684;  11:140-144. 

(1867)   1:248-259,  281;  11:247-249,  285. 
Convention  debates.     1821.     528-538   (Oct.  25). 

1846.    481^95  (Aug.  1),  528-530  (Aug.  6),  567-682  (Aug. 

11-19),  687-750  (Aug.  20-24),  807-812   (Sept.  4). 
1867.      11:1306-1309,    1352;    111:1625-1628;    V:3457-3461, 

3773-3776. 

1894.      11:461-468;    11:567-568;    IV:  576-607     (V:2286- 
2303). 


SUPPLEMENTAL  NOTES  141 

Judicial  system  —  Minority  stockholders 

Judicial  system  —  continued 

Litigants  to  contribute  to  expense  of  administering  justice. 

Convention  debates.     1846.     823-825,  827-828  (Sept.  8-9). 

Judges 

Associate  county  judge. 

Convention 'debates.     1846.     825-827  (Sept.  9). 

1867.    IV  :2602-2609,  2668-2670. 
Qualifications  of. 

Convention  debates.     1846.     830   (Sept.  9). 

Judgments 

Execution   of. 

Convention  debates.     1846.    820-821  (Sept.  8). 

Jurors 

Commissioners  of.     See  Bills,  private  or  local. 

Labor 

Relation  to  capital. 

Lincoln.     (1894)   111:70-72. 

Laws 

Codification  of.     See  Codification. 

Legislature 

Appointing  power.     See  Appointment,  power  of. 
Power  of  removal.     See  Removal,  power  of. 
Qualifications  of  members. 

Lincoln.     (1867)   11:320. 

Convention  debates.     1867.     11:868. 

Liquor.    See  Intoxicating  liquors 
Local  option.     See  Intoxicating  liquors 

Married  women 
Rights  of. 

Lincoln.      (1846)    11:112-114. 

Convention    debates.      1846.      1038-1042     (Oct.    2),    1056-1061 
(Oct.  5.) 

Mayor.     See  Appointment,  power  of;  Removal,  power  of;  Cities 
Medical  board.     See  State  medical  board 

Minority  representation 

In  common  council.     See  Cities. 

Minority  stockholders 
Laws  to  protect. 

Convention  debates.     1867.     11:1092-1098,  1108. 


142  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Monopolies  and  trusts  —  Pensions 
Monopolies  and  trusts.     See  Corporations 

National  guard 

Brigade  inspector. 

Lincoln.     (1846)  11:209. 
Commissary-general . 

Convention  debates.    1867.    11:1227. 
Reserve  officers. 

Convention  debates.     1867.     V:  3693-3694. 

Naturalization.     See  Aliens 

New  York  City.     See  also  Courts 
Health  department. 

Convention  debates.     1821.     543-544   (Oct.  26). 
Police  commissioners  in. 

Convention  debates.    1867.    IV  :2967-2968. 

Niagara  river 

Diversion  of  waters  of. 

Convention  debates.  1894.  111:808-874  (IV:1731-1767) ;  IV: 
164-174  (V:  2067-2072),  IV:  181-194  (V:  2076-2083),  (IV: 
200-205  (V:  2087-2090),  IV:  610-644  (V:  2305-2325). 

Oath 

Test  as  qualifications  for  suffrage. 

Convention  debates.     1867.     V :  3530,  3557-3558. 

Office 

Clergy  ineligible  to. 

Lincoln.  (1777)  1:545-546.  (1846)  11:111-112.  (1872) 
II :  474. 

Convention  debates.     1846.     551-552   (Aug.  8.) 
Disqualification  of  United  States  officers  to  state  office. 

Lincoln.     (1846)   11:119,  126. 
Eligibility  of  every  voter  to  every  office. 

Lincoln.     (1846)  11:119,  126. 
Qualifications  for  local  offices. 

Lincoln.     (1846)  11:119,  126. 

Pensions 

For  civil  and  military  service. 

Lincoln.     (1867)  11:293. 

Convention  debates.     1867.     IV :  3064. 
For  civil  service  employees. 

Convention  debates.     1867.     V :  3262-3263,  3448-3452. 
Prohibited  except  in  certain  cases. 

Lincoln.     (1894)  111:299. 

Convention   debates.     1894.     1:856-872    (11:450-458),   1:978- 

998  (11:518-528) 


I] 


SUPPLEMENTAL  NOTES 


143 


Personal  property  —  Procedure 


1867. 


IV:  2936,  2949-2959. 
IV :  2937-2938,  3141-3142. 
1867.  2935-2936,  2965-2966,  3134-3140. 


1867. 


Personal  property 

Taxation  of.    See  Taxation. 

Police 

In  general. 

Convention   debates.     1867.     IV :  2935-2948,   2972-2980. 

1894.  11:116-123  (11:686-689);  11:169  (11:714-715); 
11:231  (11:749);  11:242-243  (11:755);  11:335-337 
(11:803-805);  11:340  (11:806);  11:354-357  (11:815- 
816);  11:360-362  (11:818-819);  11:383-385  (11:830- 
831);  11:401  (11:839). 
Capital  police. 

Convention  debates.     1867.    IV :  2938-2946. 
Capital  police  district. 

Convention  debates. 
Commissions. 

Convention  debates. 
Districts. 

Convention   debates. 

1894.     111:531-541   (IV:  1574-1579). 
Frontier  police. 

Convention  debates.     1867.     IV :  2946-2948. 
Metropolitan  police. 

Convention   debates.      1867.     IV :  3037-3040,   3043-3044,   3048- 

3050,  3097-3105,  3117-3125,  3128-3131. 
Officers,  how  chosen.    See  Appointment,  Power  of. 
Removal  by  governor.     See  Removal,  Power  of. 
State  constabulary. 

Lincoln.     (1867)  11:346-348. 
Convention   debates.     1867.     111:1776-1777. 
Vacancies,  how  filled.     See  Appointment,  Power  of. 

Private  or  local  bills.    See  Bills,  private  or  local 

Prisons.    See  also  State  officers 
Management  of. 

Lincoln.     (1867)  11:374-378. 

Private  property 

Condemnation  by  corporations. 

Lincoln.     (1846)   11:187,  189. 

Probate  courts.    See  Courts 

Procedure 

In  court  of  claims. 

Convention  debates.     1867.     II :  1322-1346. 
Questions  of,  appealable  to  supreme  court. 

Convention  debates.     1867.    V:3729-3730,  3859-3861. 


144  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED       [Part 

Procedure  —  Removal,  power  of 

Procedure  —  continued 

Statute  of  limitations  in  court  of  claims. 

Convention  debates.     1867.     V :  3526,  3641-3647. 
Uniform  procedure. 

Convention  debates.     1846.     587-588   (Aug.  11),  590-682   (Aug. 
12-19),  687-750  (Aug.  20-24),  838-840  (Sept.  10). 

Prohibition.     See  Intoxicating  liquors 

Punishment 

Capital.    See  Capital  punishment. 

Railroads 

Commissions,  creation  of. 

Convention  debates.     1867.     V:  3649-3651. 
Consolidation  of. 

Lincoln.     (1867)  11:373. 

Convention  debates.    1867.    11:1024-1032,1035-1057,1069-1077, 
1101-1107;  V:3814-3816. 

Real  property 

Of  infants,  disposal  by  private  or  local  bill.     See  Bills,  private  or 

local.  | 

Taxation  of. 

Lincoln.     (1867)   11:359-361. 

Convention    debates.      1867.      111:1900-1910,    1919-1948,    1951- 

1954,  1978-1990. 
Title  of  aliens  to. 

Lincoln.     (1867)   11:294.     (1872)   11:475. 

Convention  debates.     1867.     V:3257-3260,  3555-3556. 
Transfer  of  title. 

Convention  debates.    1894.1:999-1010  (11:529-534). 

Referendum.     See  Initiative  and  referendum 

Receiver-general 

Convention  debates.     1867.  V  :3728-3729. 

Remedies 

Impairment  of. 

Lincoln.     (1867)  11:293. 

Convention  debates.     1846.    828-830   (Sept,  9). 

Removal,  power  of 
In  general. 

Lincoln.     (1821)  1:673-674. 

Convention  debates.     1846.     156-160  (June  25). 
By  impeacbment.     See  Article  VI,  §  13. 
By  council  of  appointment. 

Lincoln.     111:317;  IV:  555-556. 


I]  SUPPLEMENTAL  NOTES  145 

Removal,  power  of  —  Salt  springs 

Removal,  power  of  —  continued 
By  governor. 
In  general. 

Lincoln.     (1821)    IV :  578,  721,  724-733,  736.     (1872)    It: 

523-524,  536-537. 

Certain  judicial  officers.     See  Article  VI,  §  11. 
Certain  military  officers.     See  Article  XI,  §  4. 

Commissioned  officers.     See  Article  XI,  §  6. 
County  clerk.    See  Article  X,  §  1. 
County  register.    See  Article  X,  §  1. 

District  attorney.     See  Article  X,  §  1,  and  Article  XIII,  §  6. 
Mayor  of  cities. 

"  Convention  debates.     1867.     IV :  3156.     1894.     Ill :  358-370 

(111:1474-1481). 
Police  officers. 

Convention  debates.  1894.  111:372-419  (111:1482-1509); 
IU:  424-448  (IV:  1513-1526) ;  111:458-472  ( IV:  1532- 
1539). 

Sheriff.     See  Article  X,  §  1. 

State  board  of  charities.    See  Article  VIII,  §§  11,  12. 
State  commission  in  lunacy.     See  Article  VIII,  §§  11,  12. 
State  commission  of  prisons.     See  Article  VIII,  §§  11,  12. 
State  treasurer.     See  Article  V,  §  7. 
Superintendent  of  public  works.     See  Article  V,  §  3. 
Superintendent  of  state  prisons.     See  Article  V,  §  4. 
By  legislature. 
In  general. 

Lincoln.     (1821)  1 :  673-674.     (1894)  III :  369 ;  IV :  554-590. 
Judges  of  court  of  appeals.     See  Article  VI,  §  11. 
Justices  of  supreme  court.     See  Article  VI,  §  11. 
By  mayor. 

City  officers. 

Convention    debates.      1867.      IV :  3157-3159.      1894.      Ill: 

358-370   ( III :  1474-1481 ) . 
Police  officers.    1894.    Ill :  372-419  (III :  1482-1509) ;  III :  424- 

448  (IV:  1513-1526);  111:458-472  (IV:  1532-1539). 
By  provision  of  law. 

Certain  miscellaneous  officers.     See  Article  10,  §  7. 

Clerk  of  appellate  division  (by  court).     See  Article  VI,  §  19. 

Justices  of  the  peace.     See  Article  VI,  §  17. 

Eights,  Bill  of.     See  Bill  of  rights 

Riot 

Damages  from. 

Lincoln.     (1867)   11:294. 

Convention  debates.     1867.     V:3257-3260. 

Salt  springs 

Lincoln.     (1867)  11:384. 


146  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Salt  springs  —  State  officers 

Salt  springs  —  continued 

Convention   debates.     1867.     IV  :2426-2433,   2560-2567,   2612-2624; 

V  :3371-3412,  3416-3435,  3769-3770,  3777-3788. 
1894.     1:740-757    (1:387-396);   11:575-598    (11:933-945);   IV: 
420-422  (V:2198-2199). 

Sectarian  charities.    See  also  Church  and  State 
Convention  debates.    1867.    IV  :2712-2715. 

Slavery 

Lincoln.     (1777)     1:553-554.    See  also  IV  :305-307. 
Convention  debates.    1821.    167  (Sept.  17),  485-486  (Oct.  19),  497- 
498  (Oct.  20). 

Solicitor  of  claims 

Convention  debates.     1867.     IV  :2773-2776. 

State  assessors 

Lincoln.     (1867)  11:360. 

State  finance 

Government  expenses. 

Convention  debates.     1867.    1:796. 
State  debt,  payment  of. 

Convention   debates.     1846.     951-957    (Sept.   23). 

1867.    1 :792-793,  797 ;  II  :808-809. 
State  debt,  restricted  as  to  duration. 

Convention  debates.    1867.    111:1882-1883. 
State  funds,  warrant  for  withdrawal. 

Convention  debates.     1867.    111:1990,  3757. 
State  revenues. 

Convention  debates.     1867.     1:796. 

State  medical  board 

Lincoln.     (1867)  11:383-384. 

Convention  debates.     1867.     111:2074-2079;  IV  :2971-2972 ;  V:3321, 
3453-3454. 

State  officers 

Canal  auditor. 

Convention  debates.     1867.     111:2035-2038,2345-2347. 
Police.     See  Police. 
Prisons,  board  of  managers. 

Lincoln.    II :  464. 

Convention  debates.     1867.     IV :  3182-3200 ;  V :  3817-3819. 
Prison  inspectors. 

Convention  debates.     1846.     534-536  (Aug.  6-7). 
Property,  qualifications  of. 

Lincoln.     II :  7-9. 


I]  SUPPLEMENTAL  NOTES  147 

State  officers  —  Taxation 

State  officers  —  continued 

Public  instruction,  superintendent  of. 

Lincoln.     (1867)  11:361.    See  also  111:545;  IV:710,  716. 

Convention  debates.    1867.    2841-2897,  2902-2908. 
Receiver-general. 

Convention  debates.     1867.     V:  3728-3729. 
Schools,  state  superintendent  of. 

Lincoln.     (1846)   11:137. 

Convention  debates.     1846.     504-505   (Aug.  4). 
Surveyor-general. 

Lincoln.    .(1846)    11:138. 
Vacancies,  how  tilled.  See  Appointment,  power  of. 

State  religion.     See  Church  and  State 
Statistics,  department  of 

Convention  debates.     1867.     II :  1285-1286. 

Stockholders.     See  Corporations 
Suffrage 

In  general. 

Lincoln.     (1867)    11:118-119. 

Convention  debates.     1867.    1 : 177-181. 
Compulsory  voting. 

Lincoln.      (1894)    111:131-133. 

Convention  debates.    1894.    1 : 1058-1100  ( II :  556-578 ) . 
Constitutional  regulation. 

Convention  debates.     1867.     V  :  3557-3558. 
State  authority  over. 

Convention  debates.     1867.     1 :  544-545. 

Superintendent  of  the  poor 
Lincoln.     (1846)    11:208. 

Superintendent  of  public  instruction 

Lincoln.     (1867)  11:361.     See  also  111:545;  IV:710,  716. 
Convention  debates.     1867.     IV :  2841-2897,  2902-2908. 

Supervisor.     See  County  officers 
Surveyor-general 

Lincoln.     (1846)    11:138. 

Suspended  sentence 

Convention  debates.     1867.     1:125. 

Taxation 

Assessment,  method  of. 

Convention  debates.     1867.    V :  3484-3500,  3757-3762. 
Basis  of. 

Convention   debates.     1867.     111:2261-2263,   2265-2272,   2303- 
2340. 


148  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED       [Part 

Taxation  —  Trusts  and  monopolies 

Taxation  —  continued 
City  assessment. 

Lincoln.     (1846)    11:198. 
County  tax. 

Convention  debates.    1846.    1068-1069  (Oct.  7). 

1867.     Ill  :2340. 
Direct  tax. 

Convention  debates.     1846.     951-957  (Sept.  23). 
Equalization  of. 

Convention  debates.    1846.    86  (June  11) ;  969  (Sept.  25) ;  1068- 

1069  (Oct.  7). 
On  mortgaged  property. 

Convention     debates.       1846.       128-129     (June     22);     175-176 

(June  27). 
Personal  property  tax. 

Lincoln.     (1867)    11:359-361. 

Convention  debates.     1846.     118-123  (June  20). 

1867.      111:1900-1910,    1919-1948,    1951-1954,    1978-1990, 

2261-2263,  2265-2272, 
Power  of  legislature  over. 

Lincoln.     (1894)    IV:  308-309. 
Real  property  tax. 

Lincoln.     (1867).     11:359-361. 

Convention    debates.      1867.      111:1900-1910,   1919-1948,   1951- 

1954,  1978-1990. 
State  tax  on  counties,  apportionment  of. 

Lincoln.     (1867)     11:360. 
System  of. 

Lincoln.     (1867)    11:360. 
Convention  debates.     1867.     Ill :  2339. 
Sworn  statement  for  purposes  of  assessment. 
Lincoln.     (1867)    11:360-361. 
Convention  debates.     1867.    V :  3740. 
State  assessors. 

Lincoln.     (1867)    11:360. 
Uniform  rate  of. 

Lincoln.     (1867)    11:360-361. 

Convention     debates.       Ill :  1900-1910,     1919-1948,     1951-1954, 
1978-1990;  V:  3757-3762. 

Test  oath 

As  qualification  for  suffrage. 

Convention  debates.    1867.    V :  3530,  3557-3558. 

Treason 

Definition  of. 

Lincoln.     (1872)    11:474. 

Trusts  and  monopolies.     See  Corporations 


I]  SUPPLEMENTAL  NOTES  149 

Vacancies  in  office  —  Women 

Vacancies  in  office.    See  Appointment,  power  of 

Voting 

Compulsory. 

Lincoln.      (1894)     III :  131-133. 

Convention  debates.    1894.    1:1058-1100(11:556-578). 

Water,  diversion  of.     See  Niagara  river 

Wills 

Power  of  legislature  over. 

Lincoln.     (1894)    IV:  332. 
Register  of. 

Convention  debates.  1867.     V:  3733-3736. 

Women 

Married,  rights  of. 

Lincoln.     (1846)  11:112-114. 

Convention    debates.      1846.      1038-1042    (Oct.    2),    1056-1061 
(Oct.  5). 


INDEX 


PARTI 

TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES 


INDEX 

PART  I 
TEXT  IN  FORCE  APRIL  6,  1915,  WITH  NOTES 


(For  Index  to  Part  II  see  end  of  Part  II) 
Academies:  Art.    Sec.  Page 

support  of   9         3     105 

Actions: 

corporations,  by  or  against 8         3       95 

death,  damages,  right  to  recover  not  abrogated 1       18       11 

not  to  be  affected 1       17       11 

Adjournment: 

consent  of  both  houses  requisite 3       11       35 

Agricultural   land: 

drainage   1         7         5 

grants,  limitation   on,   history note  9 

leases  of,  for  longer  than  twelve  years,  void 1       13         9 

limitation    on,    history note  9 

Alienation   of  lands: 

restraints   on,   void 1       14         9 

Aliens: 

naturalization    supp.  notes  129 

title    to    land supp.  notes  129 

Allodial: 

lands   of   state   are 1       12         8 

Amendments: 

bills,  made  in  either  house 3       13       35 

prohibited    on    last   reading 3       15       36 

constitution,    coincident    amendments    on    same    subject 
proposed     by     convention     and     legislature     and 

adopted,  effect   14        3     126 

convention    to    propose 14         2     124 

manner    of    proposing,    legislature 14         1     123 

Appeals: 

commission    of supp.  notes  137 

on  questions  of  procedure,  to  supreme  court. supp.  notes  129 

Appeals,  Court  of:   see  Court  of  Appeals 

[153] 


154                                              INDEX  [Part 
Text  in  force  April  6,  1915 

Appointment,  power  of                                                                         Art.  Sec.  Page 

council  of  appointment supp.  notes  129 

governor    supp.  notes  129 

governor  with  consent  of  senate supp.  notes  129 

legislature  supp.  notes  130 

mayor  supp.  notes  130 

Apportionment:   see  also  Assemblymen;  Senators 

assembly  districts   3  5  28 

review  by  courts 3  5  31 

senate    districts 3  3  20 

alteration    3  4  27 

Appropriation  laws: 

claims  against   state,  payment 3  19  40 

contents,  ' '  riders ' '  not  allowed 3  22  41 

local  or  private  purposes,  two-thirds  assent  necessary..  3  20  40 

passage,  manner 3  25  43 

payments  within  two  years 3  21  41 

sum  to  be  specified 3  21  41 

veto  of  certain  items  by  governor 4  9  52 

Assembly:  see  also  Legislature;  Senate 

adjournment,    consent    of    senate 3  11  35 

adjournments    during  colonial   period note  35 

bills,    majority    necessary 3  15  36 

districts,  formation  and  reorganization 3  5  28 

impeachment,   to   have  power  of 6  13  75 

journal,  to  keep  and  publish 3  11  35 

judge  of  elections,  qualifications,  etc.,  of  members 3  10  34 

meetings  during  colonial  period note  35 

members  of,  acceptance  of  offices  by,  to  vacate  seat 3  8  33 

apportionment   of    3  5  28 

review  by  courts 3  5  31 

chosen   by  single   districts 3  5  28 

civil  appointments,   not   to   receive 3  7  32 

compensation    of    3  6  32 

election  of,  assembly  to  judge  of 3  10  34 

when  to  be  held 3  9  34 

ineligibility   of   certain   persons   for 3  8  33 

number  of 3  2  19 

qualifications  of,  assembly  to  judge  of 3  10  34 

speech  or  debate,  not  to  be  questioned  for 3  12  35 

officers    of,    to    choose 3  10  34 

open  doors,  to  sit  with,  except,  etc 3  11  35 

quorum  of,  majority  to  constitute 3  10  34 

rules  of  proceedings,  to   determine 3  10  34 

speaker,   succession   to   governorship note  51 

Assemblymen: 

apportionment,  historical  and  statistical  statement,  .note  31 

number  in  each  county,  statement  of  rules note  31 

population  tables note  31 


I]                                                INDEX  155 

Text  in  force  April  6,  1915 

Assemblymen  —  Continued:  Art.    Sec.  Page 

election,  time  of,  chronological  sketch note  34 

number,  explanation note  19 

term,    explanation note  19 

Assessment: 

in  cities supp.  notes  130 

method  of supp.  notes  130 

Attorney-general: 

commissioner   of  canal   fund 5         5       58 

commissioner    of   land    office 5         5       58 

compensation    of    .    5         1       54 

court  of  claims,   duty  in supp.  notes  130 

election  and  term  of  office  of 5         2       55 

second    reference     5         1       54 

fees,  perquisites,  etc.,  not  to  receive 5         1       54 

member   of   canal   board 5         5       58 

powers  and  duties  of 5         6       59 

Attorney,  District:    see  District   attorney 

Attorneys: 

fees  .   .  . . supp.  notes  130 

qualifications supp.  notes  130 

Ayes  and  Noes: 

appropriation    bills,    on 3       25       43 

bills,  final  passage  of ,  on 3       15       36 

creating   debt,    on    certain 7         4       86 

returned  by  the  governor  with  objections  on 4         9       52 

constitution,  on  amendment  to 14         1     123 

journal,   to   be   entered   on 3       15       36 

judicial  officers,   on   removal  of 6       11       73 

Bail: 

excessive,  not  to  be  required 1         5         4 

Ballot: 

elections  to  be  by,  except,  etc 2         5       17 

Banking:  see  also  Savings  banks 

bill  holders  preferred  in  cases  of  insolvency 8         8       97 

corporations,  formation   of,  under  general  laws 8         4       94 

history    to    1846 > .supp.  notes  130 

special  charter  for,   not  to  be  granted 8         4       95 

specie  payment,  suspension  of,  not  to  be  sanctioned...  8         5       96 

stockholders,    liability    of 8         7       96 

Banking    system: 

historical  sketch  in  colony  and  state  to  1846 note  95 

Bank  notes  or  bills:  See  also  Banking;  Specie  payment 

holders,  preference  in  cases  of  insolvency 8         8       97 

registered,   and   security  given 8         6       96 

Betting  on  elections: 

person  to  be  excluded  from  voting  for 2         2       15 


156  INDEX  [Part 

Text  in  force  April  6,  1915 

Banks:  Art.    Sec.  Page 

bills  and  notes   of supp.  notes  130 

Bill  of  rights: 

history footnote  1 

history    and    development    of supp.  notes  131 

necessity  for supp.  notes  130 

Bills:  see  also  Amendments;  Legislature 

amendment    3       13       35 

upon   last   reading   prohibited 3       15       36 

appropriation,  tax  and  claim,  three-fifths  assent  required       3       25       43 

for  local  or  private   purpose,   two-thirds   assent   re- 
quired         3       20 

governor's  objection   to   certain  items 4         9 

riders    on,    prohibited 3       22 

bank,   registry    8         6 

security  for . . 8         6 

city    bills,    determination    of note 

return  to  legislature  or  governor note 

creating  debt,   ayes   and  noes   necessary 7         4 

enacting   clause    3       14 

historical   statement    note 

final  passage,  assent  of  majority  necessary 3       15 

question  on   3       15 

governor's  approval,  time  for,  limitation 4         9 

governor 's  veto   4         9 

introduction,   limitation   on   time supp.  notes 

origin    in    either    house 3       13 

passage,    manner   of 3       15 

over    governor 's    veto 4         9 

private  and  local,  inclusion  of  one  subject  only,  historical 
basis    note 

manner  of  passage supp,  notes 

passage  prohibited    3       18 

restrictions    on,    historical    comment note 

title    3       16 

prohibited    in    certain    cases supp.  notes 

reported    by    commissioners    to    revise    statutes,    certain 

sections  not  to  apply  to 3       23 

special    city,    passage,    manner    of 12         2 

passage    without    city's    approval 12         2 

tax,  to  state  tax  distinctly 3       24 

thirty-day,  history note 

three-fifths   assent    required    on    appropriation,    tax    and 

claim    bills    3       25       43 

time  for  governor's  approval,   limitation 4         9       52 

two-thirds  assent  required  on  appropriation  for  local  or 

private  purpose   3       20       40 

veto   by  governor 4         9       52 


I]                                              INDEX  157 

Text  in  force  April  6,  1915 

Bookmaking:  see  also  Gambling;  Lotteries;  Poolselling              Art.  Sec.  Page 

prohibited    1  9  7 

Borrowing  money:  see  also  Debt;  Public  money 

assent  of  people  required  for 7  4  86 

deficits,  etc.,  not  exceeding  $1,000,000  for 7  2  85- 

insurrection,    to    suppress 7  3  85 

invasion,  to   repel 7  3  85 

towns,  counties,  cities  and  villages,  restricted  in 8  10  98 

second  reference    12  1  115 

war,  for  defense  of  state  in 7  3  85 

Bounty  debt: 

renewal    supp.  notes  131 

Bribery:  see  also  Officers 

attempt  at  13  3  120 

charges  of,  expenses  incurred  in  investigating 13  6  122 

elections,   bribery   at,   prohibited 2  2  15 

person  accused  of,  may  be  witness  in  own  behalf 13  4  121 

person  attempting,  not  privileged  from  testifying 13  3  120 

persons  guilty  of,  excluded  from  right  of  suffrage 2  2  15 

Bridges: 

building  of,  private  or  local  bills 3  18  39 

canal,  appropriations  for supp.  notes  131 

Brooklyn  city  court: 

abolition  of  . , 6  5  67 

history note  68 

.iudges,  for  remainder  of  term  supreme  court  judges 6  5  67 

jurisdiction  of,  vested  in  supreme  court 6  2  64 

second  reference    6  5  67 

records  transferred   6  5  67 

Buffalo  superior  court: 

abolition  of  6  5  67 

appeals  from  6  5  67 

history note  68 

judges,  for  remainder  of  term  supreme  court  judges....  6  5  67 

jurisdiction  of,  vested  in  supreme  court 6  2  64 

second  reference    6  5  67 

records  transferred    6  5  67 

Campaign  expenses: 

candidate 's  expenses  supp.  notes  131 

Canal  board: 

claims  barred  by  time,  audit  and  allowance  prohibited .  .  7  6  88 

contract,  may  cancel 7  9  91 

members  of   5  5  58 

powers  and  duties 5  6  59 

Canal  commissioners: 

duties  transferred  to  superintendent  of  public  works 5  3  57 


158                                              INDEX  [Part 

Text  in  force  April  6,  1915 

Canal  fund,  commissioners  of  the:  Art.    Sec.  Page 

powers  and  duties 5         6       59 

state    officers    composing 5         5       58 

Canals:  see  also  Public  works 

boats  navigating,  etc.,  subject  to  laws  regulating 7         9       91 

care  and  management supp.  notes  132 

certain,  not  to  be  sold,  leased  or  disposed  of 7         8       90 

construction   and  improvement,   history note  92 

contractors,  extra  compensation  not  to  be  made  to 7         9       91 

relief  from  oppressive  contracts : 7         9       91 

contracts  for  work  and  materials  on 7         9       91 

debt supp.  notes  132 

funds supp.  notes  132 

from  leases  or  sale  of,  how  applied 7         8       90 

improvement  of   7       10       92 

Main  and  Hamburg  street  canal,  sale  or  lease  of 7         8       90 

revenues supp.  notes  132 

sinking  funds supp.  notes  132 

state  policy,  historical  sketch note  90 

superintendence  and  repairs  of,  annual  tax  for 7         9       91 

tolls  not  to  be  imposed  on 7         9       91 

Capital: 

labor,  relation  to supp.  notes  133 

Capital  police    supp.  notes  143 

Capital    police    district supp.  notes  133 

Capital  punishment: 

abolition supp.  notes  133 

Capital  stock: 

payment  of supp.  notes  133 

Census: 

time  for  taking 3         4       26 

Charitable  institutions: 

maintenance 8       14     103 

Charities: 

board   of  commissioners supp.  notes  133 

charitable  trusts   supp.  notes  133 

sectarian  charities    supp.  notes  133 

Charities,  state  board  of: 

additional  powers    8       15     104 

inspection  of  institutions 8       11     101 

second  reference    8       13     102 

legislature  to  provide  for 8       11     101 

members,  appointment  and  removal 8       11     101 

terms 8       15     104 

Church  and  state supp.  note  133 

Circuit  courts: 

abolished 6         6       68 

actions  transferred  to  supreme  court 6         6       68 

system  in  state note  68 


. 


INDEX  159 

Text  in  force  April  6,  1915 

ities:  Art.    Sec.  Page 

boards  and  commissions supp.  notes  134 

boards  of  aldermen  and  audit supp.  notes  134 

charitable  institutions,  support 8       14     103 

civil  service    5        9       6Q 

classification 12         2     116 

common  council,  minority  representation supp.  notes  134 

condemnation  by supp.  notes  134 

consolidation  of supp.  notes  134 

correctional  institutions,  provision  for 8       14     103 

creation  by  special  act 8         1       94 

debts,  limitation    8       10       98 

department  heads  supp.  notes  134 

election   boards,   bipartisan supp.  notes  134 

elections 12         3     117 

use  of  party  names  prohibited supp.  notes  134 

eleemosynary  institutions,  support 8       14     103 

excess    condemnation    1         7         5 

home  rule   supp.  notes  134 

legislative  bodies  of supp.  notes  135 

mayor,  appointment   supp.  notes  135 

powers    supp.  notes  135 

money  or  credit,  restrictions  on  loaning  power 8       10       98 

officers,   abolition   by   legislature supp.  notes  135 

election   or  appointment 10         2     108 

second  reference  supp.  notes  135 

removal    supp.  notes  135 

terms 12         3     117 

organization,  legislature  to  provide  for 12         1     115 

orphan  asylums,  provision  for 8       14     103 

police supp.  notes  135 

powers,  restriction  by  legislature 12         1     115 

reformatory  institutions,  support 8       14     103 

special  laws,  passage 12         2     116 

stocks  or  bonds,  not  to  become  owners  of 8       10       98 

taxation,  assessment  for supp.  notes  135 

Citizens: 

crimes,  necessity  for  indictment 1         6         4 

disfranchisement  only  by  law 1         1         1 

freedom  of  speech 1         8         6 

not  to  be  twice  put  in  jeopardy  for  same  offense 1         6        4 

voters  must  be 2         1       13 

City  court:  see  Brooklyn  city  court;  New  York  city 

Civil  process: 

exemption  from supp.  notes  135 

Civil  service: 

appointments   and  promotions •„: 5         9       60 

employees,  pensions  for supp.  notes  135 


160  INDEX  [Part 

Text  in  force  April  6,  1915 

Civil  service — Continued:  Art.    Sec.  Page 

history  in  state note  60 

preference  to  veterans 5         9       60 

Claims  against  state:  see  also  Debt 

damage  by  canals supp.  notes  135 

legal  disability,  effect  of 7         6       88 

time  limitation   7         6       88 

Claims,    solicitor   of supp.  notes  135 

Claims,  State: 

against  corporations    supp.  notes  135 

legislative   investigation    note  88 

Clergy: 

ineligible  to  office , supp.  notes  136 

Clerk  of  court  of  appeals: 

appointment    „ 6         7       69 

compensation,  how  paid 6       19       81 

office,  place  6       19       81 

Clerks  of  inferior  courts: 

removal    6       17       79 

Clerks  of  supreme  courts: 

county  clerks  to  be 6       19       81 

Clerks  of  counties:  see  County  clerks 

Codification  of  laws supp.  notes  136 

Colonial  assembly: 

money  bills,   origin note  36 

Colonial  laws: 

laws  of  this  state 1       16       10 

Colored  vote: 

limitations  on   note  14 

Commissary-Gener.al   supp.  notes  136 

Commission  in  lunacy:  see  Lunacy,  state  commission  in 

Commission  of  appeals supp.  notes  137 

Commission  of  prisons:  see  Prisons 

Commissioner  of  jurors:  see  Bills,  prohibited  in  certain  cases 

Commissioners,  canal:   see  Canal  commissioners 

Commissioners  of  the  canal  fund:   see  Canal  fund,  commis- 
sioners of  the 

Commissioners   of  the  land   office:    see   Land  office,  commis- 
sioners of  the 

Commissions: 

abolition   of    supp.  notes  136 

Common  law: 

part  of  the  law  of  this  state 1       16       10 

Common  pleas: 

abolished 6         5       67 

appeals  from   6         5       67 

judges  to  become  judges  of  supreme  court 6         5       67 


I]                                              INDEX  161 

Text  in  force  April  6,  1915 

Common  pleas  —  Continued:                                                              Art.  Sec.  Page 

jurisdiction  transferred  to  supreme  court 6  2  64 

second  reference    6  5  67 

records,  disposition   6  5  67 

Common  schools: 

support  of   9  1  T64~ 

second  reference    9  3  105 

Common  school  fund:  see  also  Literature  fund;  United  States 
deposit  fund 

capital,  inviolate 9  3  105 

income,  how  applied , 9  3  105 

Compensation: 

county  judges   6  14  77 

delegates  to  constitutional  convention 14  2  124 

governor     4  4  48 

justices  of  supreme  court 6  12  74 

lieutenant-governor    4  8  51 

members  of  the  legislature 3  6  32 

state  officers,  certain 5  1  54 

workmen,  injury  to  or  death  of 1  19  12 

Comptroller: 

canal  board,  member  of 5  5  58 

canal  fund,  commissioner  of 5  5  58 

clerks  of  prisons,  to  appoint 5  4  58 

compensation    5  1  54 

election 5  1  54 

second  reference 5  2  55 

fees  or  perquisites,  not  to  receive -    5  1  54 

land   office,   commissioner   of 5  5  58 

term    of    office 5  1  54 

second  reference 5  2  55 

Condemnation: 

by  corporations   supp.  notes  132 

excess,  by  cities 1  7  5 

Congress: 

members  of,  ineligible  to  legislature 3  8  33 

Congressional  delegates: 

how  chosen supp.  notes  136 

Conscience: 

liberty  of,  not  to  excuse  acts  of  licentiousness 133 

Constitution: 

adopted   by   convention,   submission,   control   by  legisla- 
ture     note  125 

amendments,   approval  by   electors 14  1  123 

coincident  adoption  on  same  subject 14  3  126 

majority  of  each  house  of  next  legislature  to  agree  to  14  1  123 

majority  of  each  house  necessary  to  propose 14  1  123 

manner   of  proposing 14  1  123 

6 


162                                              INDEX  [Part 
Text  in  force  April  6,  1915 

Constitution  —  Continued : 

amendments,  approval  by  electors  —  Continued:  Art.    Sec.  Page 

publication 14         1     123 

when  to  take  effect 14         1     123 

analysis  of  1777 supp.  notes  136 

construction,    principles    governing    note 1 

convention      to     revise,     constitution     or     amendments 

adopted,   submission   to   people 14         2     124 

delegates,   election,   compensation,    etc 14         2     124 

history  of  delay  in  holding,   1894 note  125 

history  of  efforts  to  call,   1858,   1861,   18G5 note  125 

history  of  movement  to  call,   1821 note  125 

question  of  holding,  when  to  be  submitted 14         2     124 

majority   of  electors   voting,   necessary   for 14         2     124 

powers  and  duties 14         2     124 

nature    and   purpose note  1 

submission  of  1867,  result supp.  notes  136 

when  to  take  effect 15         1     127 

Constitutionality  of  Laws:     See  Council  of  revision 
Contract  labor: 

in   prisons,   etc.,   prohibited 3       29       45 

Contractors: 

extra  compensation  to,  prohibited 3       28       44 

second  reference   7        9      91 

Convention  to  revise  Constitution:  see  Constitution 
Convicts: 

occupation  and  employment  of 3       29       45 

history    note  45 

Cornell   University supp.  notes  137 

Coroners:  see  County  officers 
Corporate  rights  or  charters: 

not  affected 1       17       11 

Corporations:   see  also  Banking;   Savings  banks 

actions,   by   or   against 8         3       95 

banking,  not  to  be  created  by  special  act 8        4      95 

bills  and  notes  of supp.  notes  132 

capital   stock,   payment   of supp.  notes  132 

condemnation   by    supp.  notes  132 

corporators,    liability    of supp.  notes  132 

debts  of supp.  notes  132 

definition    8         3       95 

dues  from,  how  secured 8         2       94 

exclusive  privileges,  etc.,  not  to  be  granted  to 3       18       39 

foreign   supp.  notes  133 

formation     8         1       94 

franchises    supp.  notes  133 

free  passes,  etc.,  by,  prohibited 13         5     121 

historical  sketch  in  state,  1783-1846 note  94 


I] INDEX 163 

Text  in  force  April  6,  1915 

Corporations  —  Continued:  Art.    Sec.  Page 

laws  relating  to,  may  be  altered 8         1       94 

legislative  charters,  1783-1846,  classified  list note  94 

liability  of  stockholders supp.  notes  132 

minority  stockholders,  protection supp.  notes  1££ 

municipal,  restrictions  on 8       10       98 

second  reference 12         1     115 

special  privileges,  restriction supp.  notes  133 

stockholders,   liability    supp.  notes  132 

minority,  protection  supp.  notes  133 

names,  publication   supp.  notes  133 

trusts  and  monopolies .supp.  notes  133 

Council  of  appointment:  see  Appointment,  power  of 

Council   of   revision supp.  notes  137 

veto,   discussion    note  53 

Counties:  see  also  County  officers 

alteration  by  legislature  prohibited supp.  notes  137 

charitable  and  correctional  institutions,  support 8       14     103 

debts,  restriction  on 8       10       98 

debts  for  improvement  of  highways,  sinking  fund  for, 

payments  to    7       12       93 

judges,  number,  election,  etc 6       14       76 

local   legislation    and   administration,    extending   powers 

of  supervisors  in 3       27       44 

members  of  assembly,  apportionment 3         5       28 

money  or  credit,  loan  prohibited 8       10       98 

officers,  election  or  appointment 10         2     108 

seats,  location  or  change 3       18       38 

senate  districts,  not  to  be  divided  in  forming 3         4       27 

sheriff,  county  not  liable  for  acts  of 10         1     107 

state  tax  on supp.  notes  137 

stock  or  bonds,  not  to  own 8       10       98 

County  clerks: 

election     10         1     107 

powers  and  duties 6       19       81 

removal    10         1     107 

supreme  court,  to  be  clerks  of 6       19       81 

term    10         1     107 

time    of    election 10         4     109 

vacanies,  how  filled 10        5     109 

County  courts:  see  also  County  judges 

continuance   6       14       76 

historical  sketch note  77 

powers   and   jurisdiction 6       14       76 

County  judges:  see  also  County  courts 

age,  restriction  as  to 6       12       73 

associate    supp.  notes  137 

attorney,  not  to  practice  as,  in  counties  over  120,000 6       20       82 


164                                            INDEX  [Part 

Text  in  force  April  6,  1915 

County  judges  — Continued:                                                            Art.  Sec. Page 
compensation  of,  not  to  be  increased  or  diminished  dur- 
ing term 6  15  78 

county  court,  may  hold  in  other  county 6  14  77 

duties    6  14  77 

election 6  14  76 

eligibility    6  20  82 

incumbent  in  1894,  term  of  office  of 6  14  76 

number  in  each  county 6  14  76 

referee,  not  to  act  as 6  20  82 

salary    6  14  77 

special  judge,  election  may  be  provided  for , .  6  16  79 

surrogate,  to  act  as 6  15  78 

term 6  14  76 

vacancies    , 6  15  78 

Oounty  officers: 

compensation    supp.  notes  137 

coroner     supp.  notes  137 

removal  by  governor,  history note  107 

superintendent  of  poor supp.  notes  137 

supervisor    supp.  notes  137 

treasurer    supp.  notes  137 

Court  for  correction  of  errors: 

dissatisfaction    with note  70 

Court  of  appeals: 

appeals  to,  when  allowed 6  9  71 

attendants,  appointment    6  7  69 

clerk,  court  to  appoint 6  7  69 

compensation    6  19  81 

office,  place  of 6  19  81 

composition    6  7  69 

creation    note  70 

decisions  by,  concurrence  of  four  judges  necessary 6  7  69 

evolution    note  70 

judges,  age  restrictions 6  12  73 

attorney,  not  to  practice  as 6  20  82 

chosen  by  electors  of  state 6  7  69 

justices  of  supreme  court,  designation  of ,  as 6  7  69 

office  of  public  trust,  not  to  hold  other 6  10  72 

referee,  not  to  act  as 6  20  82 

removal    6  11  73 

review  of  decisions  made  by,  not  to  sit  on 6  3  65 

term    6  7  69 

vacancies    6  8  70 

jurisdiction    6  9  71 

powers  and  jurisdiction  not  suspended  for  vacancies  if 

there  is  quorum 6  8  71 

quorum 6  7  69 

reporter 6  7  69 


INDEX  165 

Text  in  force  April  6,  1915 


Art.    Sec.  Page 

Court  of  chancery supp.  notes  138 

Court  of  claims: 

Attorney-general,    duty  in supp.  notes  130 

organization    supp.  notes  138 

procedure    supp.  notes  143 

statute  of  limitations  in supp.  notes  138 

Court  of  common  pleas: 

history    note  68 

Court,  supreme:  see  Supreme  court 

Courts: 

jurisdiction supp.  notes  138 

money  paid  into  court,  custody supp.  notes  138 

power  to  declare  laws  unconstitutional supp.  notes  138 

reports,  council  of  law  reporting supp.  notes  138 

uniform  procedure   supp.  notes  144 

Courts,  circuit:  see  Circuit  courts 

Courts,  county:  see  County  courts 

Courts,  inferior  local:  see  Inferior  local  courts 

Courts  of  conciliation supp.  notes  138 

Courts  of  oyer  and  terminer: 

abolished    6        6       68 

Courts  of  sessions: 

abolished    6       14      76 

jurisdiction  transferred  to  county  courts 6       14       77 

Courts  of  special  sessions: 

jurisdiction    6       23       84 

Credit  or  money  of  state:  see  also  Debt;  Public  money 

loan    to    individuals,    associations    or    corporations    pro- 
hibited           7         1       84 

second  reference 8         9       97 

third  reference  9         4     106 

certain  institutions  excepted 8         9       97 

Crime: 

persons  not  to  be  held  to  answer  for  unless  indicted 1         6        4 

Criminal  cases: 

party  not  to  be  witness  against  himself 1         6         4 

Criminal  law: 

suspended  sentence supp.  note  138 

Currency: 

history  to  1846 supp.  notes  130 

Currency  system: 

colony  and  state,  historical  sketch  to  1846 note  95 

Damages: 

canals supp.  notes  132 

death,  action  for,  historical  statement note  12 

riots   supp.  notes  138 


166                                              INDEX  [Part 
Text  in  force  April  6,  1915 

Death:  Art.    Sec.  Page 

action  for,  not  abrogated 1       18       11 

damages,  action  for,  historical  statement note  12 

no   limitation    1       18       11 

Death  of  employees: 

compensation  for  1       19       12 

Death  penalty:  see  Capital  punishment 
Debate: 

legislature,  freedom  of,  secured 3       12       35 

Debts:    see   also   Credit   or  money  of   state;    Public   money; 
State  finance 

approval  by  people  before  contracting 7         4       86 

bill  creating,  ayes  and  noes  required 7         4       86 

canals,  improvement   7       10       92 

counties,  towns,  cities  and  villages,  limitation 8       10       98 

deficits  or  failures  in  revenues,  may  be  contracted  for.  7         2       84 

highway  improvement    7       12       93 

imprisonment  for    supp.  notes  138 

invasion,  etc.,  debts  to  repel,  may  be  contracted 7        3       85 

law  for  contracting,  passage,  question  submitted 7         4       86 

repeal    7        4      86 

submission  to  people 7         4       86 

when  not  to  be  voted  on,  at  general  election 7         4       86 

legislative  power  in  creation   of 7         4       86 

moneys  arising  from  loans  for  casual  deficits  or  failures 

in  revenues,  how  used 7         2       85 

moneys  arising  from  loans  creating,  how  used 7         4       86 

municipal  corporations,  to  be  restricted  in  contracting.  .  12         1     115 

New  York  city,  limitation  of 8       10       99 

not  to  be  contracted,  unless  authorized  by  law 7         4       86 

payment,  manner  of 7       11       92 

must  be  provided  for  before  contracting 7         4       86 

power  to  contract,  limited 7         2       84 

sinking  funds,  impairment  prohibited 7         5       88 

state,  limitation    supp.  notes  146 

explanation    note  87 

historical  statement note  85 

second  reference note  87 

payment    supp.  notes  146 

tax  for  debt  incurred  not  repealable 7         4       86 

time  for  submission  to  people 7         4       86 

Debts: 

corporation    supp.  notes  132 

obligation  of,  not  to  be  impaired 1       17       11 

Decisions,  judicial: 

publication    6       21       83 

Denominational  institutions: 

public  money  or  credit  not  given  to 9         4     106 


INDEX  167 

Text  in  force  April  6,  1915 

District  attorneys:                                                                                 Art.    Sec.  Page 

election    10  1  107 

second  reference    10  4  109 

removal,  by  governor 10  1  107 

for  not  prosecuting  certain  offenses 13       6  122 

term    10  1—407 

District  court  justices: 

election  in  certain  cities 6  17  80 

Districts: 

assembly,  creation  and  reorganization 3  5  28 

judicial  6  1  61 

senate   3  3  20 

alteration   3  4  27 

Diversion  of  waters:  see  Niagara  river 

Divorce: 

causes  for   supp.  notes  139 

granted  only  by  judicial  proceedings 1  9  7 

Due  process  of  law: 

person  not  to  be   deprived  of  life,  liberty  or  property 

without     1  6  4 

Duration  of  office: 

when  not  fixed  by  law 10  3  109 

Education:    see  Schools 

Elections:  see  also  Electors;  Suffrage 

betting  on,  persons  excluded  from  voting 2  2  17 

boards   of,   bi-partisan 2  6  18 

in  cities  supp.  notes  134 

bribery  at,  prohibited 2  2  15 

cities,  elections  in,  when  held 12  3  117 

conduct  of,  etc.,  local  legislation  prohibited 3  18  39 

bi-partisan  representation  in,  historical  sketch .  .  note  18 

county  officers    10  1  107 

governor  and  lieutenant-governor 4  3  47 

justices  of  supreme  court 6  4  66 

legislature,  members  of 3  9  34 

registration  of  voters 2  4  17 

secretary  of  state  and  other  state  officers 5  1  54 

second  reference    5  2  55 

supervisors,  board  of 3  18  38 

voting,  manner  of 2  5  17 

Electors:  see  also  Elections;  Suffrage 

disf ranchisement,  betting  on  election 2  2  15 

conviction  of  infamous  crimes 2  2  15 

offering  or  receiving  bribes 2  2  15 

qualifications  of 2  1  13 

registration  of    2  4  17 

residence  not  affected  by  certain  occupations  and  con- 
ditions    2  3  16 


168  INDEX  [Part 

Text  in  force  April  6,  1915 

Eligibility  to  office:  Art.    Sec.  Page 

voters  eligible   to  all  offices supp.  notes  139 

Eminent  domain:  see  Condemnation;  Property 
Employees: 

injury  or  death,  compensation  for 1       19       12 

Enacting  clause  of  bills: 

form 3       14       36 

historical  statement    note  36 

Engineer:  see  State  engineer  and  surveyor 
Enumeration  of  inhabitants:  see  Census 
Erie  canal:  see  also  Canals;  Public  works 

sale  or  lease  of,  etc.,  prohibited 7         8       90 

Escheated  lands: 

release  by  private  or  local  bill  prohibited.  . .  .supp.  notes  139 

Escheats: 

history    note  9 

when  lands  escheat  to  the  people 1       10         8 

Excess  condemnation: 

right   of   cities 1         7         5 

Executive  power:  see  also  Governor 

vested  in  governor 4         1       46 

Exemptions: 

from  civil  process supp.  notes  139 

Extradition:  see  Governor 
Fees: 

judicial  officers,  restricted  from  receiving 6       20       82 

public  officers,  creation  or  change,  local  or  private  legis- 
lation prohibited   3       18       39 

state  officers,  not  to  receive  to  own  use 5         1       54 

second  reference 10         9     111 

Feudal  tenures: 

abolished    1       11         8 

Fines: 

land   alienation,   void 1       14         9 

excessive,  not  to  be  imposed 1         5         4 

Fisheries : 

international     supp.  notes  139 

Foreign  corporations:  see  Corporations 
Forest  preserve: 

preservation    7         7       89 

state  policy,  historical  sketch note  90 

water  supply,  conservation  and  regulation 7         7       89 

Franchises: 

corporation    supp.  notes  133 

Free  cities: 

historical  reference supp.  notes  134 

Free  schools: 

support  of    9         1     104 

second  reference    .  9         3     105 


INDEX 

Text  in  force  April  6,  1915 


169 


Freedom  of  religion:  Art.    Sec.  Page 

restraint   prohibited    1         3         3 

Freedom  of  speech  and  press: 

restraint  prohibited 1         8         6 

Funds:  see  also  Common  school  fund;  Literature  fund;  Sink- 
ing fund;  United  States  deposit  fund 

canal    supp.  notes  132 

payments  from,  by  appropriation  only 3       21       41 

Gambling:  see  also  Bookmaking;  Lotteries;  Pool-selling 

history  in  colony  and  state note  7 

prohibited    1         9         7 

Gauging:  see  also  Weighing;  Weights  and  measures 

offices  abolished   5         8       59 

Governor: 

appointing  power    supp.  notes  129 

bills,  appropriations,  certain  items,  right  to  veto 4         9       52 

approval  4         9       52 

within  thirty  days  after  adjournment 4         9       52 

disapproval  by,  return  with  objections 4         9       52 

chiefs  of  staff  departments,  appointment 11         4     113 

commander-in-chief  of  military  and  naval  forces 4         4       48 

when  out  of  state  at  head  of  military  force 4         6       50 

constitutional  qualifications,  historical  statement. .  .note  47 

county  officers,  removal 10         1     107 

district    attorney,    removal. .../.. 13         6     122 

duties  and  powers 4         4       48 

election 4         3       47 

times    of,    historical    statement note  47 

emergency  message   note  37 

executive  power  vested  in 4         1       46 

executive  residence  provided 4         4       48 

extradition,  power   of supp.  notes  140 

filling  vacancies,  power  of supp.  notes  140 

history  of  office note  46 

ineligible  to  other  office supp.  notes  139 

judges  of  court  of  appeals,  appointment  to  fill  vacancy.  .  .  6         8       70 
justices  of  appellate  division  of  supreme  court,  designa- 
tion      6         2       61 

justices  of  supreme  court,  appointment  to  fill  vacancy..  6         4       66 

laws,  to  see  that  they  are  faithfully  executed 4         4       48 

legislature,  extraordinary  sessions,  power  to  convene....  4         4       48 

lieutenant-governor,  when  to  act  as 4         6       50 

major-generals,   appointment    11         4     113 

message  to  legislature 4        4       48 

militia  officers,  to  be  commissioned  by 11         6     114 

pardons,  reprieves,  etc.,  power  to  grant 4         5       49 

hitorical    note     note  49 

report  to  legislature  yearly 4         5       49 


170                                             INDEX  [Part 

Text  in  force  April  6,  1915 

Governor  —  Continued:  Art.    Sec.  Page 

part  of  legislative  system,  discussion note  53 

president  of  senate,  when  to  act  as 4         7       50 

property   qualifications    supp.  notes  140 

qualifications  and   eligibility 4         2       46 

removal  of  county  officers,  history note  107 

removal  power  supp.  notes  140 

salary 4         4       48 

speaker  of  assembly,  when  to  act  as 4         7       50 

succession  to  office,  historical  statement note  50 

term 4         1       46 

treason,  execution  of  sentence,  power  to  suspend 4         5       49 

treasurer,  state,  suspension   of 5         7       59 

vacancy    4         6       50 

veto,  discussion note  53 

Grants:  see  also  Land 

certain,   with   rents   reserved,   void 1       13         9 

king  of  Great  Britain,  made  by 1       17       11 

Habeas  corpus: 

suspension  of  writ  prohibited,  exceptions 1  4  3 

Hamilton  county: 

legislature  may  abolish 3         5       28 

member  of  assembly  elected  with  Fulton  county 3  5  28 

Highways : 

improvement,  debts  7  12  93 

Home  rule:  see  Cities;  Municipal  home  rule 

Impairment  of  remedies supp.  notes  140 

Impeachments: 

assembly,  power 6       13       75 

court  for  trial  of,  composition 6       13       75 

concurrence  of  two-thirds  necessary  to  convict 6       13       75 

members  to  be  sworn 6       13       75 

governor,  who  to  act  in  case  of  impeachment 4         6      50 

historical  sketch  in  state note  75 

judgment,  extent 6       13       75 

judicial  officers,  effect  of  preferring  articles  of  impeach- 
ment against 6       13       75 

lieutenant-governor,  when  not  to  act  as  member  of  court  6       13       75 

Imprisonment  for  debt:  see  Debt 

Indians: 

purchase  of  lands  from,  when  void 1       15       10 

relations  with  state,  history note  10 

Indictment: 

persons  not  to  be  tried  without 1         6         4 

persons  convicted  on  impeachment,  liable  to 6       13       75 


INDEX  171 

Text  in  force  April  6,  1915 

Infamous  crime:  Art.    Sec.  Page 

persons  guilty  of,  ineligible  as  electors 2         2       15 

persons  not  to  answer  for,  unless  on  presentment,  etc. . .       1         6         4 
Infants: 

real  property,   disposition   by  private   or   local  bill  pro- 
hibited  supp.  notes  140 

Inferior  local  courts: 

clerks,  removal  6       17       79 

establishment 6       18       80 

judges,  practice  as  attorney  prohibited  in  certain  courts       6       20       82 
removal     6       17       79 

jurisdiction    6       18     80 

Inhabitants: 

enumeration  of,  when  taken 3         4       26 

Initiative  and  referendum supp.  notes  140 

Injury  to  employees: 

compensation  for   1       19       12 

Inspection: 

offices  for,  abolished   5         8       59 

Inspectors  of  state  prisons:  see  Prisons 
Insurrection: 

debt  may  be  created  to  suppress 7         3       85 

Interest: 

rate,   regulation    3       18       38 

Intoxicating  liquors:  see  also  Bills,  private  or  local 

sale,  regulation  of supp.  notes  140 

Invasion: 

debt,  creation  to  repel 7         3       85 

money  raised  from  contracting,  how  used 7         3       85 

Jails : 

occupation  and  employment  of  convicts 3       29       45 

history     note  45 

Jeopardy: 

person  not  to  be  twice  in,  for  same  offense 1         6         4 

Journals   of  legislature:    see   also   Assembly;   'Senate;    Legis- 
lature 

each  house  to  keep  and  publish 3       11       35 

objections  of  governor  to  bills,  entry  on 4         9       52 

yeas  and  nays,  entry  on  final  passage  of  bills 3       15       36 

entry  on  final  passage  of  bill  creating  state  debt. ...  7         4       86 

entry  on  passage  of  bill  over  governor's  veto 4         9       52 

Judges:  see  also  County  judges;  Inferior  local  courts;  Judges 
of  the  court  of  appeals;  Justices  of  supreme  court 

age   limitation    6       12       73 

associate  county  judge supp.  notes  141 

attorney,  certain  judges  not  to  practice  as 6       20       82 

compensation     6       12       73 


172  INDEX  [Part 

Text  in  force  April  6,  1915 

Judges — Continued:  Art.    Sec. Page 

inferior   courts,   removal 6       17  79 

qualifications    supp.  notes  141 

referee,  certain  judges  not  to  act  as 6       20  82 

review  of  cases  decided  by,  not  to  sit  in 6         3  65 

Judges  of  court  of  appeals:  see  also  Court  of  Appeals 

age    limitation    . . . 6       12  73 

attorney,  certain  judges  not  to  practice  as 6       20  82 

court  of  impeachment,  members 6       13  75 

decision,  concurrence  of  four  necessary 6         7  69 

eligibility    6       20  82 

justices  of  supreme  court,  designation  of ,  as 6         7  69 

office  or  public  trust,  not  to  hold  other 6       10  72 

quorum    6         7  69 

referee,  not  to  act  as 6      20  82 

removal    6       11  73 

term    6         7  69 

vacancy    6         8  70 

votes  for,  other  than  for  judicial  office,  void 6       10  72 

Judges  of  inferior  local  courts:  see  Inferior  local  courts 

Judgments: 

execution  of , supp.  notes  141 

Judicial  decisions: 

publication     6       21  83 

Judicial  departments: 

alteration   6         2  63 

division  of  state  into 6         2  63 

number    6         2  63 

Judicial  districts: 

alteration   6        1  61 

continuance   6         1  61 

new  districts  6         1  61 

number  of  justices 6         1  61 

Judicial  officers: 

appointment  or  election  6       18  80 

cities,  how  chosen 6       17  79 

fees  or  perquisites  of  office,  not  to  receive 6       20  82 

local,  terms  of  incumbents 6       22  83 

removal,    by    legislature,    history note  73 

by  senate,  history note  73 

Judicial  system   supp.  notes  140 

Jurors:  see  also  Jury 

drawing,  private  or  local  bills  regulating,  prohibited 3       18  38 

Jurors,   commissioners   of supp.  notes  131 

Jury:  see  also  Jurors 

libel  cases,  to  determine  law  and  fact 1         8  6 

private  roads,  determination  of  necessity  and  damage ...  1         7  5 

property  for  public  use,  to  assess  value  of ".  1         7  5 


INDEX  173 

Text  in  force  April  6,  1915 

Jury — Continued:  Art.  Sec.  Page 

trial  by,  right  secured 1  2  2 

waiver  in  civil  cases 1  2  2 

Justices  of  peace:  see  also  Inferior  local  courts 

election  in  cities 6  17  79 

election   in   towns 6  17  79 

fees,   may  receive 6  20  82 

number  and  classification,  regulated 6  17  79 

removal    6  17  79 

term 6  17  79 

term  of  those  in  office,  expiration  of 6  22  83 

vacancy    6  17  79 

Justices  of  supreme  court:  see  also  Supreme  court 

additional   justices    6  1  61 

age  limitation  6  12  73 

apportionment    6  1  61 

attorney  or  referee,  not  to  practice  or  act  as 6  20  82 

compensation     6  12  73 

designation  for  appellate  division 6  2  63 

for  court  of  appeals 6  7  69 

electors  of  judicial  districts  to  choose 6  1  61 

eligibility   6  20  82 

fees  or  perquisites,  not  to  receive  for  use 6  20  82 

holding  court  in  any  county,  authority 6  6  68 

number  in   each  district 6  1  61 

office  or  public  trust,  not  to  hold  other 6  10  72 

presiding,  of  appellate  division 6  2  63 

removal    6  11  73 

reporter,  power  to  appoint  and  remove 6  2  63 

review  of  certain  decisions,  not  to  sit  in 6  3  65 

special  terms,  to  fix 6  2  63 

term     6  4  66 

vacancies    6  4  66 

votes  for,  other  than  for  judicial  office,  void 6  10  72 

King  of  Great  Britain: 

grants  of  land  by 1  17  11 

Labor: 

regulation     12  1  115 

relation  to  capital supp.  notes  141 

Land:  see  also  Property 

agricultural,    drainage    of 1  7  5 

leases  of  certain,  void 1  13  9 

alienation,  restraints  on,  void 1  14  9 

allodial,  all  to  be. 1  12  8 

allodial  tenure,  history note  9 


174                                              INDEX  [Part 

Text  in  force  April  6,  1915 

Land  —  Continued:                                                                              Art.  Sec.  Page 

escheats    1  10  8 

excess  condemnation  by  cities 1  7  5 

feudal  tenures,  abolition,  history note  9 

forest  preserve,  to  be  kept,  etc 7  7  89 

use  for  reservoirs 7  7  89 

grants  by  king  of  England,  when  void 1  17  11 

low  lands,  drainage,  private  or  local  bill  prohibited 3  18  38 

property  rights  of  people,  history note  9 

purchases,  from  Indians,  consent  of  legislature  necessary  1  15  10 

ultimate  property  in  people 1  10  8 

Land  office,  commissioners  of  the: 

powers  and  duties . . 5  6  59 

state    officers    composing 5  5  58 

Larceny,  petit: 

indictment  unnecessary    1  6  4 

Law  and  equity: 

supreme  court,  jurisdiction 6  1  61 

Laws:  see  also  Bills;  Codification  of  laws;  Legislature 

certain,  to  be  submitted  to  people 7  4  86 

codification  of   supp.  notes  136 

enacted  by  bill  only 3  14  36 

enforcement,  duty  of  governor 4  4  48 

existing,  how  made  part  of  an  act 3  17  38 

private  and  local  laws  prohibited  in  certain  cases 3  18  38 

publication    6  21  83 

special  city  laws,  passage  of 12  2  116 

what  constitutes  laws  of  state 1  16  10 

Lease: 

agricultural  land,  time  limited 1  13  9 

Legislature:  see  also  Assembly;  'Senate;  Bills;  Laws 

adjournment,  consent  of  both  houses  requisite 3  11  35 

appointing  power    supp.  notes  130 

appropriation    for    private    or   local    purpose,   two-thirds 

vote  necessary    3  20  40 

assembling,   time    10  6  110 

bills,  amendment  in  either  house 3  13  35 

manner  of  passage 3  15  36 

may  originate  in  either  house 3  13  35 

cities  and  villages,  organization,  to  provide  for 12  1  115 

powers  of,   to   restrict 12  1  115 

claims  barred  by  limitation,  not  to  allow 7  6  88 

constitutions  adopted  by  convention,  submission,  power 

to  control note  125 

corporations,  to  create  by  general  laws 8  1  94 

debate,  freedom,  historical  note note  35 

freedom    secured    3  12  35 


I] 


INDEX 

Text  in  force  April  6,  1915 


175 


Legislature —  Continued:                                                                  Art.  Sec.  Page 
elections  and  qualifications,  etc.,  of  members,  each  house 

judge  of   3  10  34 

electors,  absent,  may  provide  for  voting  by 2  1  13 

extra  session,  how  called 4  4  48 

general  laws,  to  pass 3  18  — 38— 

governor  and  lieutenant-governor,  election  by 4  3  47 

Hamilton  county,  may  abolish 3  5  28 

inferior  local  courts,  establishment 6  18  80 

journal,   each  house  to  keep 3  11  35 

judicial  departments,   alteration 6  2  63 

judicial  districts,  alteration 6  1  61 

judicial  officers,  to  direct  as  to  appointment 6  18  80 

removal     6  11  73 

legislative  power  vested  in 3  1  19 

legislative  term,  when  to  commence 10  6  110 

local  legislation,  powers  of,  may  confer 3  27  44 

members,  acceptance  of  other  office  vacates  seat 3  8  33 

civil  appointments,  not  to  receive 3  7  32 

history    note  33 

compensation    3  6  32 

election     3  9  34 

elections  and  qualifications,  judge  of 3  10  34 

ineligibility  of  certain  persons 3  8  33 

qualifications    supp.  notes  141 

power  to  determine,  history note  34 

militia,  enlistments  in,  may  provide  for 11  2  112 

officers,  mode  of  choosing,  may  change 11  5  113 

to  fix,  time  for   electing 11  5  113 

organization  and  maintenance,  to  provide  for 11  3  112 

officers,  each  house  to  choose  own 3  10  34 

removal,  to  provide  for 10  7  110 

open  doors,  each  house  to  keep,  exception 3  11  35 

pool-selling,  to  pass  laws  prohibiting 1  9  7 

prisoners,  to  provide  for  employment 3  29  45 

private  claims,  not  to  audit  or  allow 3  19  40 

private  or  local  bills  in  certain  cases,  not  to  pass 3  18  38 

public  officers,  extra  compensation,  not  to  allow 3  28  44 

quorum    3  10  34 

second  reference    3  25  43 

removal  of  judicial  officers,  history note  73 

removal  power  supp.  notes  145 

right  of  suffrage,  to  enact  laws  excluding  persons  con- 
victed of  bribery  or  infamous  crime 2  2  15 

rules,  each  house  to  determine 3  10  34 

special  city  laws,  manner  of  passage 12  2  116 

state  board  of  charities,  to  provide  for 8  11  101 

state  commission  in  lunacy,  to  provide  for 8  11  101 


176                                             INDEX  [Part 

Text  in  force  April  6,  1915 

Legislature — Continued:                                                                   Art.  Sec.  Page 

state  commission  of  prisons,  to  provide  for 8  11  101 

statutes,  publication  of 6  21  83 

system  of  free  common  schools,  to  provide  for 9  1  104 

tie  vote  for  governor  or  lieutenant-governor,  to  elect.  4  3  47 

vacancies  in  office,  to  provide  for  filling 10  5  109 

vacancy,  to  declare  what  constitutes 10  8  110 

workmen's  compensation,  may  provide  for 1  19  12 

yeas  and  nays,  when  necessary 3  25  43 

Libel: 

law  and  facts,  determination  by  jury 1  8  6 

truth  as   defense 1  8  6 

Liberty  of  conscience: 

licentiousness,  acts  of,  not  to  justify 1  3  3 

Lieutenant-governor : 

canal  board,  member  of 5  5  58 

canal  fund,  commissioner  of. 5  5  58 

casting  vote  in  senate 4  7  50 

compensation     4  8  51 

in  colony  and  state,  historical  statement note  51 

election  4  1  46 

second  reference    4  3  47 

tie,  election  by  legislature 4  3  47 

times   of,    historical    statement note  47 

eligibility  and   qualifications 4  2  46 

second  reference 4  7  50 

governor,  trial  of  impeachment,  not  to  sit 6  13  75 

history  of  office note  46 

impeachment  court,   member 6  13  75 

land  office,  commissioner  of 5  5  58 

senate,  president  of 4  7  50 

term 4  1  46 

vacancy 3  10  34 

Life  and  liberty: 

deprivation,  due  process  of  law  necessary 1  6  4 

Limitation  of  actions: 

claims  against  state 7  6  88 

damages  for  death 1  18  11 

Liquor:  see  Intoxicating  liquors 

Literature  fund:  see  also  Common  school  fund;  United  States 
deposit  fund 

capital,  inviolability 9  3  105 

revenue,  support  of  academies 9  3  105 

Local  bills:  see  also  Bills;  Laws 

embrace  but  one  subject 3  16  37 

restrictions 3  18  38 

subject  to  be  expressed  in  title 3  16  37 


- 


INDEX 

Text  in  force  April  6,  1915 

Art.   Sec.  Page 

ocal  judicial  officers:   see  also  Judicial  officers;   Names  of 
various  courts 

in  office,  expiration  of  terms  of 6       22       83 

special  county  judge,  election,  duties 6       16       79 

special  surrogate,  election,  duties 6       16       79 

ocal  legislation: 

supervisors,  powers 3       27       44 

Local  option:  see  Intoxicating  liquors 

Lotteries:  see  also  Bookmaking;  Gambling;  Pool-selling 

history  in  colony  and  state note  7 

prohibited 1         9         7 

Lunacy,  state  commission  in: 

inspection  of  institutions 8       11     101 

legislature  to  provide  for 8       11     101 

members  of,  appointment  and  removal 8       12     102 

terms 8       15     104 

powers 8       11     101 

additional 8       15     104 

Main  and  Hamburg  Street  canal:  see  also  Canals 

sale  or  lease 7         8       90 

Majority: 

of  each  house  necessary  for  a  quorum 3       10       34 

to  pass  bills 3       15       35 

Married  women: 

rights   of supp.  notes  141 

Mayor:     see     Appointment,     power     of;     Cities;     Kemoval, 
power  of 

Measures  and  weights: 

standard,  how  supplied 5         8       59 

Measuring: 

offices  abolished   5         8       59 

Medical  board:  see  State  medical  board 

Message:  see  also  Governor 

governor,  communication  to  legislature 4         4       48 

objections  to  bills 4         9       59 

Metropolitan  police supp.  notes  143 

Militia: 

active    service,    number 11         3     112 

aides-de-camp,    appointment 11         4     113 

appropriations 11         3     112 

armed  and  disciplined,  number 11         3     112 

chiefs  of  staff  departments,  appointment 11         4     113 

enlistments 11         2     112 

exemptions 11         1     111 

governor,   commander-in-chief   of 4         4       48 

historical  sketch  in  colony  and  state note  111 


178  INDEX  [Part 

Text  in  force  April  6,  1915 

Militia — Continued:  Art.    Sec.  Page 

how  constituted   11         1     111 

major-generals,  appointment 11         4     113 

officers,  how  chosen 11         5     113 

how  commissioned   11         6     114 

how  removed 11         6     114 

mode  of  choosing,  legislature  may  change 11         5     113 

organization   and   maintenance 11         3     112 

Minority  representation: 

common  councils   supp.  notes  134 

Minority  stockholders: 

protection,    laws    for supp.  notes  133 

Money:  see  also  Banking;  Debt;  Public  money 

bills  and  notes  issued  as  money,  registration 8         6       96 

specie  payment,  suspension  prohibited 8         5       96 

Money  bills: 

origin  in  colonial  assembly note  36 

Monopolies  and  trusts:  see  Corporations 

Municipal   corporations:    see    also    Cities;    Counties;    Towns; 
Villages 

organization,  duty  of  legislature 12         1     115 

special  acts,  creation  by 8         1       94 

taxation,  debt,  etc.,  restrictions 8       10       98 

second  reference    12         1     115 

Municipal  home  rule: 

development  in  colony  and  state,  historical  discussion. note  108 

general  treatment  supp.  notes  134 

Municipalities: 

incorporation  by  special  laws,  movement  to  prevent,  his- 
tory   note  115 

Names: 

change,  private  bill  prohibited 3       18       38 

Nassau  county: 

erection,  history   note  43 

National  guard: 

brigade  inspector supp.  notes  142 

commissary-general supp.  notes  142 

reserve  officers  supp.  notes  142 

Naturalization:  see  Aliens 

Negro  suffrage: 

limitations  on   note  14 

New  York  city: 

aldermen,  powers  and  duties,  history note  43 

assembly  districts   3         5       28 

city  courts supp.  notes  134 

court  of  common  pleas  abolished 6         5       67 

health   department    supp.  notes  142 


I]                                                 INDEX  179 
Text  in  force  April  6,  1915 

New  York  city  —  Continued:  Art.    Sec.  Page 

judicial  department 6         2       63 

limitation  of  indebtedness 8       10       98 

officers,   election,   time 12         3     117 

police  commissioners    supp.  notes  142 

senate  districts 3         3       20 

superior  court,  abolition  of 6         5    — #?"- 

history note  68 

supervisors,  common  council  to  perform  duties 3       26       43 

Niagara  river: 

waters,  diversion  of supp.  notes  142 

Oath: 

test  as  qualification  for  suffrage supp.  notes  142 

Oath  of  office: 

form 13         1       119 

Office: 

clergy  ineligible   to supp.  notes  142 

duration  of,  when  not  fixed  by  law 10         3     109 

local  offices,  qualifications  for supp.  notes  142 

United  'States    officers,    disqualification   for    state    office 

supp.  notes  142 

voters,  eligibility  to  all  offices supp.  notes  142 

Officers:    see  also   State  officers;    Titles   of  particular  offices 

accepting  bribe,  felony 13         2     120 

attempt  to  bribe 13         3     120 

city,  how  elected  or  appointed 10         2     108 

compensation 10         9     111 

county,  how  elected  or  appointed 10         2     108 

election  not  provided  for  by  constitution,  legislature  to 

provide 10         2     108 

fees,  increase  only  by  general  laws 3       18       38 

felony,  when  deemed  guilty  of 13         2     120 

free  passes,  etc.,  acceptance,  etc.,  by,  prohibited 13         5     121 

judicial,  fees  or  perquisites  prohibited 6       20       82 

major-generals,  etc.,  how  appointed 11         4     113 

militia,  how  chosen 11         5     113 

oath 13         1     119 

offering  bribe  to,  felony 13         3     120 

passes  or  franking  privileges,  acceptance  prohibited 13         5     121 

removal  of,  other  than  local,  judicial  or  legislative 10         7     110 

state,  additional  compensation,  not  to  receive 10         9     111 

appointment  by  governor note  54 

election,  time  of,  explanation note  55 

fees  or  perquisites,  not  to  receive 10         9     111 

tenure  of,  when  not  fixed 10         3     109 

town,  how  elected 10         2     108 

vacancies,   how  filled 10         5     109 

term    of   appointee 10        5     109 


180                                              INDEX  [Part 

Text  in  force  April  6,  1915 

Officers  —  Continued :  Art.    Sec.  Page 

village,    how    elected 10         2     108 

weighing,    inspecting,    etc.,    abolished 5         8       59 

Oyer  and  terminer: 

court  of,  abolished 6       6       68 

Pardons,   etc.: 

governor    may    grant 4         5       49 

governor  to  report  yearly  to  legislature 4         5       49 

treason    4         5       49 

Passes: 

acceptance  or  use  by  public  officer,  misdemeanor 13         5     121 

Penitentiaries: 

labor   in,  history note  45 

Pensions: 

civil  and  military  service SUPP«  notes  142 

civil    service    employees supp.  notes  142 

prohibited  except  in  certain  cases supp.  notes  142 

Personal  property  taxation:   see  Taxation 

Petition: 

right  of,    guaranteed 1         9         7 

Police: 

capital  police supp.  notes  143 

capital  police  district supp.  notes  143 

commissions supp.  notes  143 

districts supp.  notes  143 

frontier  police supp.  notes  143 

generally supp.  notes  143 

metropolitan  police supp.  notes  143 

officers,    how    chosen supp.  notes  130 

removal  by  governor supp.  notes  145 

state  constabulary supp.  notes  143 

vacancies,  how  filled supp.  notes  143 

Political  year: 

beginning 10         6     110 

Pool-selling:  see  also  Bookmaking;  Gambling;  Lotteries 

prohibited    1         9         7 

Preamble: 

historical  comment note  1 

President  of  senate:  see  also  Lieutenant-governor 

lieutenant-governor,    action    as 4         7       50 

vote,  to  have  casting,  only 4         7       50 

pro   tern.,   choice   and  action 3       10       34 

history    of    office note  34 

second  reference note  51 

succession  to  governorship note  51 

successor   to   governor 4         7       50 

Press: 

freedom  of,  secured 1         8         6 


I]                                              INDEX  181 

Text  in  force  April  6,  1915 

Prisons:  see  also  State  officers  Art.    Sec.  Page 

contract  labor   system   abolished 3       29       45 

historical    statement     note  58 

inspectors,    historical    statement note  58 

powers  and  duties  transferred 5         4       61 

labor   in   3       29       49 

history note  45 

management  of   supp.  notes  143 

superintendent,  appointment,  powers  and  duties,  etc...  5         4       57 

state  commission   of,  inspection   of  institutions 8       11     101 

legislature   to   provide   for 8       11     101 

members,  appointment  and  removal 8       12     102 

powers 8       15     104 

Private  enterprises: 

state   aid,   history note  98 

Private  or  local  bills:  see  also  Bills;  Laws;  Legislature 

manner    of    passage supp.  notes  131 

restrictions   on   passage 3       18       38 

title   to   state   subject 3       16       37 

subjects,  but  one  in  each 3       16       37 

Private  property:  see  also  Eminent  domain 

condemnation   by  corporations supp.  notes  143 

Private  roads: 

opening,   manner   of 1         7         5 

damages,  determination  and  payment 1         7         & 

necessity  for,   determination 1         7        5 

Probate  courts:  see  Surrogate's  court 
Procedure: 

court  of  claims supp.  notes  143 

statute  of  limitations  in supp.  notes  144 

questions  of,  appealable  to  supreme  court. . .  .supp.  notes  143 

uniform    supp.  notes  144 

Prohibition:  see  Intoxicating  liquors 
Property:  see  also  Land 

eminent  domain 1         7         5 

by  corporations   supp.  notes  132 

excess   condemnation   in    cities 1         7         5 

private,  taking  without  due  process  of  law  prohibited. .  164 

taking  without  just  compensation  prohibited 164 

public,  taken  for  local  or  private  purposes  requires  two- 
thirds  vote  of  legislature 3       20       40 

use  for  sectarian  schools,  restricted 9         4     113 

rights,   not   affected 1       17       11 

ultimate,  in  lands,  possessed  by  state 1       10         8 

Public  money:  see  also  Debt 

appropriated,  to  be  paid  within  two  years 3       21       41 

borrowed,  how  used 7         2       84 

second  reference 7         3       85 

third  reference 7        4      86 


182                                             INDEX  [Part 

Text  in  force  April  6,  1915 

Public  money — Continued:  Art.    Sec.  Page 

borrowing,  assent  of  people,  when  necessary 7         4       86 

municipal  corporations,  restriction  on  borrowing 8       10       98 

second  reference 12         1     115 

payment  without  appropriation  prohibited 3       21       41 

to  be  made  within  two  years 3       21       41 

sectarian  schools,   use  for,   restricted 9         4     106 

taken  for  local  or  private  purposes,  requires  two-thirds 

vote  of  legislature 3       20       40 

Public  works:   see  also  Canals;   Highways 

superintendent,  appointment,  powers  and  duties,  etc 5         3       06 

Punishment:  see  also  Capital  punishment 

cruel  or  unusual,  prohibited 1         5         4 

Qualifications: 

electors 2         1       13 

governor 4         2       46 

lieutenant-governor 4         2       46 

second  reference 4         7       50 

members  of  legislature,  each  house  to  determine 3       10       34 

Quarter  sales: 

void 1       14         9 

Question: 

bill  to  borrow  money,  how  taken 7         4       86 

Quorum: 

appellate  division   6        2       63 

court   of  appeals 6         7       69 

legislature    3       10       34 

three-fifths,  when  required 3       25       43 

Railroads: 

commissions,   creation   of supp.  notes  144 

consolidation   of    supp.  notes  144 

free  passes  to  public  officers  prohibited 13         5     121 

tracks,  right  to  lay,  general  laws  only 3       18       38 

Real  property: 

aliens,    title    to supp.  notes  144 

infants,  disposal  by  private  or  local  bill.  ..  .supp.  notes  131 

taxation    of    supp.  notes  144 

transfer    of    title supp.  notes  144 

Referendum:  see  Initiative  and  referendum 

Receiver-general    supp.  notes  144 

Reformatories: 

labor   in,  history note  45 

occupation  and  employment  of  convicts 3       29       45 

partly    or   wholly   under    private    control,    payments    by 

municipalities 8       14     103 

Regents  of  the  University  of  the  State  of  New  York:   see 
University  of  the  State  of  New  York 


I]      INDEX 183 

Text  in  force  April  6,  1915 

Register  in  New  York  city:  see  Clerk  and  register,  New  York 
city 

Registration  of  voters:  Art.    Sec.  Page 

bi-partisan  boards 2         6       18 

provisions  relating  to 2         4       17 

Religion: 

freedom  secured 1 

licentiousness,  not  excuse  for 1 

Remedies: 

impairment   of supp.  notes  144 

Removal  of  officers:  see  also  Titles  of  respective  offices 

county   officers,   certain 10         1     107 

other  than  judicial,  local  or  legislative 10         7     110 

Removal,  power  of 

council    of    appointment supp.  notes  144 

impeachment    supp.  notes  144 

in   general   supp.  notes  144 

governor    supp.  notes  145 

legislature   supp.  notes  145 

mayor   supp.  notes  145 

provisions  of  law supp.  notes  145 

Rent  and  services: 

certain,  saved  and  protected 1       11         8 

Reporter: 

court  of  appeals,  appointment  and  removal 6         7       69 

supreme   court,   appellate   division,  appointment  and  re- 
moval        6         2       63 

Reports  of  decisions: 

council  of  law  reporting supp.  notes  138 

publication,  regulation 6       21       83 

freedom  of 6       21       83 

Reprieves  and  pardons:   see  Pardons,  etc. 

Reservoirs: 

on  forest  preserve  lands 7         7       89 

Residence: 

electors,  what  constitutes 2         3       1C 

candidates  for  governor 4         2       46 

certain  occupations  and  conditions  not  to  affect 2         3       16 

Resolutions: 

certain,  law  of  the  state 1       16       10 

Revenues  of  canals:  see  Canals 

Rights,  bill  of:  see  Bill  of  right* 

Riot: 

damages    from supp.  notes  145 

Roads:   see  also  Highways 

laying  out  of,  etc.,  general  laws  only 3       18       38 

Rules: 

legislature,  each  house  to  determine  own 3       10       34 


184                                             INDEX  [Part 

Text  in  force  April  6,  1915 

Sailors:  Art.    Sec.  Page 

active   service   in    war,   vote 2         1  13 

preference   in   civil   service   appointments 5         9  60 

residence    2         3  16 

Salt  springs    supp.  notes  145 

Savings  banks:   see  also  Banks 

capital  stock,  not  to  have 8         4  95 

charters,  uniformity 8         4  95 

profits,  trustees  not  to  be  interested  in 8         4  95 

School  fund:  see  Common  school  fund 

Schools: 

compulsory    education     supp.  notes  139 

development  in  colony  and  state,  historical  sketch,  .note  104 

funds,    history    note  106 

sectarian  appropriations,  historical   sketch note  106 

sectarian,  maintenance  by  state  prohibited 9         4  106 

superintendent   of  public   instruction supp.  notes  147 

system   of  free   common,   provision   for 9         1  104 

university  supervision,  growth  and  development,  statisti- 
cal comment   note  105 

Secrecy  of  legislative  proceedings: 

when  allowed   3       11  35 

Secretary  of  state: 

commissioner   of   canal   fund 5         5  58 

commissioner  of  land  office 5         5  58 

compensation 5         1  54 

election 5         1  54 

fees  and  perquisites,  not  to  receive. 5         1  .54 

member   of   canal  board..... 5         5  58 

term 5         1  54 

Sectarian  charities:   see  also  Church  and  state.. supp.  notes  146 

Senate:  see  also  Assembly;  Legislature;  Senators 

adjournment,  consent  of  assembly  requisite 11       11  35 

appointments,    advice    and    consent 5         3  56 

second  reference    5         4  57 

third  reference 6         8  70 

fourth  reference 8       12  102 

bills,   majority   requisite 3       15  36 

yeas  and  nays  to  be  taken „ 3       15  36 

districts    3         3  20 

alteration,    time,    manner 3         4  26 

division  of  counties 3         4  26 

population    3         4  26 

extra  session 4         4  48 

freedom   of   debate 3       12  35 

journal,  to  keep  and  publish 3       11  35 

judge  of  elections,  etc.,  of  members 3       10  34 

legislative   power,   vested   in 3         1  19 


I]                                               INDEX                       .  185 

Text  in  force  April  6,  1915 

Senate  —  Continued:  Art.    Sec.  Page 

major-generals,  consent  to  appointment 11         4     113 

militia,  commissioned  officers,   removal  on  recommenda- 
tion of  governor 11         6     114 

officers,  to  choose 3       10       34 

open  doors,  to  keep 3       11       35 

president,  president  pro  tern 3       10       34 

second  reference    4         7       50 

third    reference    note  34 

fourth   reference    note  51 

fifth   reference    note  51 

quorum,  majority  to  constitute 3       10       34 

removal  of  judicial  officers note  73 

rules  of  proceedings,  to   determine 3       10       34 

Senators:  see  also  Legislature;  Senate 

acceptance  of  certain  offices  vacates  seat 3         8       33 

appointments,  civil,  not  to  receive 3         7       35: 

apportionment,  historical  and  statistical  statement,  .note  26 

population    tables    note  2C 

ratio 3         4       26 

compensation 3         6       32 

election   and  qualifications 3       10       34 

time  of,  chronological   sketch note  34 

elections   3         9       34 

impeachments,  members  of  court 6       13       75 

ineligibility   to   office 3         8       33 

number 3         2       19 

explanation note  19 

limitation  in  any  county 3         4       26 

two  adjoining  counties 3         4       26 

right  to  vote  for,  limitations  on note  14 

term,   explanation    note  19 

Sheriffs: 

acts,  county  not  responsible 10         1     107 

election 10         1     107 

ineligible  for  next  term 10         1     107 

for  other  office 10         1     107 

removal 10         1     107 

security,  default  in  giving,  vacates  office 10         1     107 

renewal  may  be  required 10         1     107 

term 10         1     107 

vacancy 10         1     107 

Sinking  funds:  see  also  Funds 

canal supp.  notes  132 

investment 7         5       88 

diversion  prohibited   7         5       88 

highway  improvement,   creation 7       12     102 

counties  and  towns,  payment 7       12     102 

management,  origin  in  constitutional  commission note  88 


186                                              INDEX  [Part 

Text  in  force  April  6,  1915 

Art.    Sec.  Page 

Slavery supp.  notes  146 

Soldiers: 

active  service  in  war,  vote 2         1       13 

preference  in  civil  service  appointments 5         9       60 

right  to  vote  in  war  time,  history footnote  13 

Solicitor  of  claims supp.  notes  146 

Speaker  of  assembly: 

commissioner  of  land  office 5         5       58 

governor,  when  to  act  as 4         7       50 

history note  51 

Specie  payment: 

suspension  prohibited   8         5       96 

Speech: 

freedom  of,  secured 1         8         6 

legislative  debate,  members  not  questioned 3       12       35 

State: 

claims  against,  audit  or  allowance  of 3       19       40 

second  reference    7         6       88 

limitation  of   7         6       88 

credit,  not  to  loan 7         1       84 

money  or  credit,  not  to  loan  to  associations,  etc 8         9       97 

religious  institutions  of  learning,  not  to  receive 9         4     106 

relations  with  Indians,  history note  10 

State  assessors supp.  notes  146 

State  bank: 

prohibited supp.  notes  132 

State  board  of  charities:  see  Charities,  state  board  of 

State  commission  in  lunacy:  see  Lunacy,  state  commission  in 

State  commission  of  prisons:  see  Prisons 

State  constabulary   supp.  notes  143 

State  debt:  see  Debt 

State  engineer  and  surveyor: 

canal  board,  member  of 5         5       58 

commissioner  of  land  office 5         5       58 

compensation 5         1       54 

election  and  term 5         1       54 

second  reference 5         2       55 

fees,  reception  to  own  use  prohibited 5         1       54 

practical  civil  engineer 5         1       54 

State  finance: 

debt,  payment  of. supp.  notes  146 

restricted  as  to  duration supp.  notes  146 

funds,  warrant  for  withdrawal supp.  notes  146 

government  expenses   supp.  notes  146 

revenues supp.  notes  146 

State  lands: 

preservation 7         7       89 

State  medical  board supp.  notes  146 


I]  INDEX  187 

Text  in  force  April  6,  1915 

State  officers:  Art.    Sec.  Page 

canal  auditor supp.  notes  132 

prison  inspectors  supp.  notes  146 

prisons,   board   of   managers supp.  notes  146 

property,  qualifications  of supp.  notes  146 

public  instructions,  superintendent  of supp.  notes  147 

receiver-general supp.  notes  147 

schools,  state  superintendent  of supp.  notes  ±47- 

surveyor-general supp.  notes  147 

vacancies,  how  filled supp.  notes  147 

State  prisons:  see  Prisons 

State  religion:  see  Church  and  state 

State  treasurer:  see  Treasurer,  state 

State  treasury:   see  Treasury,  state 

Statistics,  department  of supp.  notes  147 

Statutes:  see  also  Bills;  Laws 

laws  of  state 1       16       10 

publication,  legislature  to  provide  for 6       21       83 

free  for,  by  any  person 6       21       83 

Statutory  revision  commissioners: 

bills  reported  by,  certain  sections  not  applicable  to 3       23       42 

Stockholders:  see  also  Corporations 

corporation,  liability 8         2       94 

second  reference   supp.  notes  132 

banking,  liability 8         7       96 

Street  railroads: 

construction  or  operation,  laws  authorizing 3       18       38 

.  necessity  for,  commissioners  to  determine 3       18       38 

Suffrage:  see  also  Elections;  Electors 

compulsory  voting supp.  notes  147 

constitutional   regulation    supp.  notes  147 

in  general    supp.  notes  147 

proofs  of  right,  how  ascertained 2         4       17 

right  of 2         1       13 

exclusions  from    2         2       15 

limitations  on,  history note  14 

soldiers  and  sailors  in  war  time,  security  in 2         1       13 

state  authority  over supp.  notes  147 

town,  meaning,  discussion  of note  26 

woman,  history  in  state note  14 

Suits:    see   Actions 

Superintendent  of  poor supp.  notes  147 

Superintendent  of  prisons:  see  Prisons 

Superintendent  of  public  instruction supp.  notes  139 

Superintendent  of  public  works:  see  Public  works 

Superior  court  of  Buffalo:  see  Buffalo 

Superior  court  of  New  York:  see  New  York  city 


188                                              INDEX  [Part 

Text  in  force  April  6,  1915 

Supervisors:  see  also  County  officers                                                Art.  Sec.  Page 

assembly  districts,  division  of  counties  into 3  5  28 

board  of,  in  counties 3  26  43 

boards  of,  power  of  local  legislation 3  27  44 

election,  local  legislation  restricted 3  18  38 

Supreme  court:  see  also  Justices  of  supreme  court 

appellate  division,  appeals  from 6  9  71 

clerks 6  19  81 

evolution note  64 

jurisdiction 6  2  63 

members 6  2  63 

presiding  justice    6  2  63 

quorum 6  2  63 

reporter 6  2  63 

terms,  special  6  2  63 

clerks 6  19  81 

continuance 6  1  61 

decisions,  free  for  publication 6  21  83 

reporting,  legislature  to  regulate 6  21  83 

departments 6  2  63 

districts 6  1  61 

jurisdiction 6  1  61 

additional 6  5  67 

second  reference 6  6  68 

justices,  additional,  election  of 6  1  61 

age,  restriction  as  to 6  12  73 

appellate  division,  designation  for 6  2  63 

apportionment 6  1  61 

assignment  to  hold  special  terms 6  2  63 

attorney,  not  to  practice  as 6  20  82 

compensation 6  12  73 

history note  74 

court  of  appeals,  designation  for 6  7  69 

election 6  1  61 

eligibility 6  20  82 

number,  increase  in 6  1  61 

number  to  reside  in  each  district 6  1  61 

office  or  public  trust,  not  to  hold  other 6  10  72 

powers  of,  in  appellate  division 6  2  63 

presiding  justice  of  appellate  division,  designation  of  6  2  63 

referee,  not  to  act  as 6  20  82 

removal 6  11  73 

review  of  certain  decisions,  not  to  sit  in 6  3  65 

term  of  office 6  4  66 

vacancies,  how  filled 6  4  66 

members 6  1  61 

Surrogates:  see  also  Surrogates'  courts 

attorneys,  not  to  practice  as  in  counties  over  120,000 6  20  82 


I]                                              INDEX  189 

Text  in  force  April  6,  1915 

^Surrogates  —  Continued:  Art.    Sec.  Page 

courts  continued    6       15       78 

county  judge,  acting  as 6       15       78 

election 6       15       78 

eligibility 6       20       82 

local  officers,  election  in  special  cases 6       16       79 

salary 6       15       78 

separate  officer 6       15       78 

term  of  office 6       15       78 

vacancies,  how  filled 6       15       78 

second  reference    6       16       79 

Surrogates'  courts:  see  also  Surrogates 

continuance 6       15       78 

historical  sketch note  78 

jurisdiction 6       15       78 

necessity  for supp.  notes  138 

relief,  supreme  court  powers  for 6       15       78 

Surveyor-general supp.  notes  147 

Surveyor,  state:  see  State  engineer  and  surveyor 

Suspended  sentence supp.  notes  147 

Swamps: 

draining,  local  or  private  legislation  restricted 3       18       38 

Tax: 

bills,  final  passage  of 3       25       43 

three-fifths,  quorum  for  passage 3       25       43 

yeas  and  nays  to  be  taken  on  passage 3       25       43 

bond  issue,  for  payment  of 7         4       86 

canals,  for  support  of 7         9       91 

county  and  city  purposes,  restriction  for f  . .  8       10       98 

laws  to  state  object  distinctly 3       24       42 

state  debts,  for  interest  and  principal  of 7         4       86 

Taxation: 

assessment,   method  of supp.  notes  147 

basis  of  supp.  notes  147 

city  assessment supp.  notes  148 

counties,  state  tax  on,  apportionment  of.... supp.  notes  148 

county   tax   supp.  notes  148 

direct  tax  supp.  notes  148 

equalization    of    supp.  notes  148 

exemptions  from,  private  legislation  restricted 3       18       38 

mortgaged  property supp.  notes  148 

municipal  corporations,  restriction  on 12         1     115 

personal  property supp.  notes  148 

power   of  legislature   over , supp.  notes  148 

real  property supp.  notes  148 

system  of supp.  notes  148 

sworn  statement  for  purposes  of  assessment,  .supp.  notes  148 


190                                             INDEX  [Part 

Text  in  force  April  6,  1915 

Taxation  —  Continued:  Art.    Sec. Page 

state  asessors supp.  notes  148 

uniform    rate    of SUPP-  notes  148 

Telegraph  and  telephone  companies: 

discrimination  in  rates  to  public  officers  prohibited.  ...  13         5     121 

Test  oath: 

qualification    for    suffrage supp.  notes  148 

Testimony: 

bribery    cases 13         3     120 

second  reference 13         4     121 

equity  cases,  how  taken 6         3       65 

public  officer  receiving  free  transportation,  etc  ,  not  priv- 
ileged from  testifying 13         5     121 

Thirty-day  bills: 

history    note  53 

Three-fifths: 

quorum  for  passage  of  certain  bills 3       25       43 

Town  officers: 

manner  of  choosing 10         2     102 

Towns:   see  also   Municipal  corporations 

charitable  institutions,  payments  to 8       14     103 

correctional  institutions,  payments  to 8       14     103 

debts,   improvement   of  highways,  sinking  fund 7       12       93 

limitation 8       10       98 

eleemosynary  institutions,  payments  to 8       14     103 

money  or  credit,  not  to  loan  to  individuals,  associations 

or  corporations 8       10       98 

not  to  loan  to  sectarian  schools 9         4     106 

orphan   asylums,   maintenance 8       14     103 

reformatory  institutions,  payments  to 8       14     103 

stocks  or  bonds,  not  to  become  owner 8       10    103 

Transportation  : 

free,  public  officers  not  to  receive 13        5     121 

Treason: 

definition    of    supp.  notes  148 

pardon,  legislature  may  grant 4        5      49 

reprieve,  legislature  may  grant 4         5       49 

sentence,  commutation  by  legislature 4         5       49 

suspension  by  governor 4         5       49 

Treasurer,  state: 

canal  board,  member   of 5         5       58 

canal  fund,  commissioner  of 5         5       58 

compensation 5         1       54 

election  5         1       54 

second  reference 5         2       55 

fees  or  perquisites,  receipt  prohibited 5         1       54 

land   office,   commissioner   of 5         5       58 

suspension    by    governor 5         7       59 


I]                                                INDEX  191 

Text  in  force  April  6,  1915 

(Treasurer,  state  —  Continued:  Art.    Sec.  Page 

term 5         1       54 

vacancy 5         7       59 

Treasury,  state : 

payment  of  money,  appropriation  necessary 3       21       41 

Trusts  and  monopolies:  see  Corporations 

Two-thirds: 

bill  returned  by  governor 4         9       52 

change  of  mode  of  electing  militia  officers 11         5     113 

passage  of  certain  bills 3       20      40 

United  States  deposit  fund:   see  also  Common   school  fund; 
Literature  fund 

capital  to  be  inviolate 9         3     105 

income,  use    9         3     105 

University  of  the  State  of  New  York: 

corporation   continued    9         2     105 

how  governed   9         2     105 

regents,  number   9         2     105 

unification  act  of  1904,  historical  statement note  105 

Vacancy  in  office:  see  also  Appointment,  power  of 

governor 4         6       50 

judges  of  court  of  appeals 6         8       70 

justices   of   supreme   court 6         4       66 

legislature  to  declare  what  constitutes 10         8     110 

to  provide  for  filling 10         5     109 

lieutenant-governor   4         7       50 

treasurer,   state    5         7       59 

Venue: 

change,  general  laws  only 3       18       38 

Veto:  see  also  Governor 

council  of  revision's  power,   discussion note  53 

governor 's    power    4         9       52 

discussion   note  53 

Villages:  see  also  Municipal  corporations 

bonds  and  stock,  riot  to  become  owners 8       10       98 

charitable  and  eleemosynary  institutions,  payment  to...  8       14     103 

debts,  restrictions  on  contracting 8       10       98 

incorporation  by  general  laws  only 3       18     102 

money  or  credit,  restrictions  on  loaning 8       10       98 

second  reference 12         1     115 

officers,   manner   of  choosing 10         2     108 

orphan  asylums,  provisions  for 8       14     103 

reformatory  and  correctional  institutions,  payment  to..  8       14     103 

taxation,   powers,   restriction 8       10       98 

Voters:  see  also  Electors;  Suffrage 

questions  submitted,  qualifications  for,  discussion,  .note  14 

registration,    historical    statement note  17 

residence,  1894  amendment,  cause  of note  16 


192  INDEX  [Part  I] 

Text  in  force  April  6,  1915 

Votes:                                                                                                       Art.  Sec.  Page 

certain,  for  members  of  legislature,  void 3  7       32 

Voting: 

compulsory supp.  notes  149 

method  in  state,  historical  statement note  18 

Water  diversion:  see  Niagara  river 
Waters  of  state: 

forest  preserve,  use,  reservoirs 7         7       89 

Weighing: 

offices    for,   abolished 5         8       59 

Weights  and  measures: 

standards,   how   supplied 5         8       59 

Wills: 

Power  of  legislature  over supp.  notes  149 

register  of supp.  notes  149 

Witness: 

bribery,  persons  charged,  competency 13         4     121 

person  offering,  not  privileged  from  testifying,  im- 
munity       13         3     120 

criminal  cases,  not  to  testify  against  himself 1         6         4 

detention,  not  to   be   unreasonable 154 

religious  belief,  not  incompetent  on  account  of 1         3         3 

Woman  suffrage: 

history  in  state note  14 

Women: 

married,   rights    of supp.  notes  149 

Workmen : 

compensation  for  injury  or  death 1       19       12 

Year: 

political,  and  legislative  terms 10         6     110 

Yeas  and  nays:   see  Ayes  and  noes 


NEW  YORK 

\\ 

STATE    CONSTITUTION 
ANNOTATED 


PART  II 

Amendments  to  the  Constitution  Proposed  in  the  Legisla- 
ture, 1895-1914,  Including  Those  Adopted  by  the  People, 
Those  Submitted  to  the  People  but  Rejected, 
and  Those  Not  Submitted  to  the  People 


PREPARED  j  UNDER    THE    DIRECTION 
OF    THE 

NEW  YORK  STATE  LIBRARY 


The  New  York  State 

Constitutional  Convention  Commission 
1915 


ALBANY 

J.    B.    LYON    COMPANY,    PRINTERS 
1915 


INTRODUCTORY  NOTE 


Article  XIV  of  the  Constitution  provides  two  methods  of  sub- 
mitting proposed  changes  to  the  people.  One  method  is  through 
the  agency  of  a  constitutional  convention  (see  section  2).  The 
other  method  is  governed  by  section  1,  which  reads  as  follows : 

Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  the  Senate  and  Assembly;  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  the  members  elected  to  each  of  the 
two  houses,  such  proposed  amendment  or  amendments  shall  be  en- 
tered on  their  journals,  and  the  yeas  and  nays  taken  thereon,  and 
referred  to  the  Legislature  to  be  chosen  at  the  next  general  election 
of  senators,  and  shall  be  published  for  three  months  previous  to 
the  time  of  making  such  choice;  and  if  in  the  Legislature  so  next 
chosen,  as  aforesaid,  such  proposed  amendment  or  amendments  shall 
be  agreed  to  by  a  majority  of  all  the  members  elected  to  each  house, 
then  it  shall  be  the  duty  of  the  Legislature  to  submit  each  proposed 
amendment  or  amendments  to  the  people  for  approval  in  such  man- 
ner and  at  such  times  as  the  Legislature  shall  prescribe;  and  if 
the  people  shall  approve  and  ratify  such  amendment  or  amendments 
by  a  majority  of  the  electors  voting  thereon,  such  amendment  or 
amendments  shall  become  a  part  of  the  Constitution  from  and 
after  the  first  day  of  January  next  after  such  approval. 

Part  II  of  this  work  is  concerned  with  the  second  method  of 
amendment.  It  gives  the  text  of  all  amendments  proposed  in  the 
Legislature  from  1895  to  1914,  inclusive;  the  legislative  history  of 
these  proposals  by  a  reference  to  the  Senate  and  Assembly 
journals;  and  the  action  of  the  people  on  such  of  these  proposals 
as  have  been  submitted  to  them.  Under  each  section  of  the  Con- 
stitution, whatever  proposals  have  been  made  to  amend  the  section 
are  given  in  the  following  order :  ( 1 )  Amendments  submitted  to 
the  people  and  adopted;  (2)  Amendments  submitted  to  the  people 
but  rejected,  and  (3)  Amendments  proposed  but  not  submitted  to 
the  people.  Under  each  of  these  three  main  heads  the  proposals 
are  classified  under  appropriate  sub-heads  and  those  of  a  similar 
nature  are  grouped  together. 

The  sections  of  the  Constitution  as  adopted  by  the  people  on 
November  6,  1894,  and  the  amendments  to  these  sections  that  have 
since  been  adopted  by  them  are  printed  in  the  same  black  face 


iv  INTRODUCTORY  NOTE  [Part  II 

Amendments    Adopted    and    Proposed,    1895-1914 

type  in  order  to  show  clearly  the  provisions  that  are  now  in  force, 
or  that  have  actually  been  in  force  for  some  period  since  1894. 
The  changes  in  these  sections  are  shown  by  enclosing  old  matter  in 
brackets  and  by  underlining  new  matter. 

All  proposals  that  have  not  become  a  part  of  the  Constitution 
(either  because  upon  submission  to  the  people  they  were  rejected, 
or  because  they  never  reached  the  stage  which  permitted  them  to 
be  submitted  to  the  people)  are  printed  in  a  different  type  so  that 
they  will  not  be  confused  with  provisions  actually  in  force.  For 
these  proposals,  while  brackets  are  used  to  indicate  old  matter 
sought  to  be  eliminated,  new  matter  is  indicated  by  italics. 

Senate  Rule  No.  18  provides  in  part  that  "  all  resolutions  which 
propose  any  amendment  of  the  Constitution  shall  be 

treated  in  the  form  of  proceedings  on  them,  in  a  similar  manner 
with  bills."  The  Assembly  seems  to  have  no  rule  on  this  subject, 
but  there  also,  "  proposed  amendments  of  the  Constitution  are 
treated  in  form  like  bills."  (Clerk's  Manual  for  1915,  p.  624.) 
As  the  legislative  procedure  on  concurrent  resolutions  to  amend  the 
Constitution  is,  in  general,  the  same  as  on  bills  to  change  the 
statute  law  of  the  State,  these  resolutions  are  printed  in  the  same 
form  as  bills  and  are  identified  and  referred  to  in  the  legislative 
journals  by  introductory  and  print  numbers.  This  fact  accounts 
for  the  form  of  the  annotations  which  will  be  found  following 
these  proposals  as  printed  in  this  work.  The  abbreviation  "  S  " 
stands  for  Senate,  "A"  for  Assembly,  and  "  J  "  for  journal. 

It  is  believed  that  the  value  of  this  work  and  facility  in  using 
it  will  be  much  enhanced  by  a  careful  preliminary  examination  of 
the  table  of  contents  and  index,  partly  because  proposals  relating  to 
the  same  general  subject  of  constitutional  amendment  have  not 
always  been  referred  to  the  same  section  or  article  of  the  present 
Constitution. 

F.  D.  C. 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED 


PART  II 

AMENDMENTS  ADOPTED  AND  PROPOSED,  1895—1914 


TABLE  OF  CONTENTS 

ARTICLE  I,  §  2 

Amendments  proposed  but  not  submitted  to  the  people  PAGE 

1.  Verdict  by  less  than  full  jury 1 

2.  Waiver  of  jury  trial  — •  verdict  by  less  than  full  jury  —  judgment 

on  appeal  : . .  .       3 

3.  Additional  jurors  to  fill  vacancies 3 

ARTICLE  I,  §  6 

Amendment  submitted  to  the  people  but  rejected 

1.  Excess    condemnation    4 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Eminent  domain  for  water  power  development 4 

2.  Necessity  for  presentment  or  indictment  —  eminent  domain  for 

water  power  development 5 

3.  Necessity  for  presentment   or  indictment  —  prosecution   of  mis- 

demeanors—  defendant    as    witness  —  appeals    by    people    in 

criminal  cases 6 

4.  Eecall  of  judicial  decisions  on  constitutional  questions 6 

5.  Workmen 's   compensation    7 

ARTICLE  I,  §  7 

Amendment  submitted  to  the  people  and  adopted 8 

Amendment  submitted  to  the  people  but  rejected 

1.  Condemnation  proceedings  —  ascertainment  of  damages 9 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Condemnation  proceedings  —  ascertainment  of  damages 10 

2.  'Condemnation    proceedings  —  land    court    in    first    and    second 

departments 11 

3.  Drainage  of  private  lands  constituted  a  public  use 12 

ARTICLE  I,  §  9 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Bucket  shops  —  buying  on  margin  —  dealing  in  futures. 13 

2.  Purchase  or  sale  of  securities  on  margin 14 

3.  No  discrimination  favoring  any  gambling  place 14 


vi  TABLE  OF  CONTENTS  [Part 

Article  I,  §  16  — Article  II,  §  4 

ARTICLE  I,  §  16 

Amendment  proposed  but  not  submitted  to  the  people  PAGE 

1.  Initiative,  referendum  and  recall 15 

ARTICLE  I,  §  19 

Amendment  submitted  to  the  people  and  adopted 15 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Workmen 's   compensation    16 

2.  Employers '   liability    16 

3.  Abolishing   death   penalty 17 

4.  Natural   resources  —  alienation 17 

(ARTICLE  I,  new  §  20) 

5.  Lease  of  state  lands 17 

6.  Minimum  wage   17 

(ARTICLE  I,  new  §  21) 

7.  Mineral   rights    IS 

ARTICLE  II,  §  1 

Amendment  to  be  submitted  to  the  people  in  1915 

1.  Woman  suffrage    18 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Woman  suffrage 10 

2.  Woman  suffrage  —  time  of  residence  of  citizen  by  marriage....  23 

3.  Woman  suffrage  —  residence  —  citizenship   23 

4.  Woman  suffrage —  eligibility  of  women  to  school  offices 24 

5.  Woman  suffrage  —  votes  of  electors  in  service  of  state  during 

war 25 

6.  Eesidence  qualification  of  voters  in  New  York  city 25 

7.  Voting  at  primaries  as  qualification  for  voting  at  election 26 

8    Minority  or  proportional  representation 26 

ARTICLE  II,  §  3 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Vote  of  inmates  of  certain  state  homes 27 

ARTICLE  II,  §  4 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Eegistration  of  absent  electors 28 

2.  Eegistration  for  all  elections 31 

3.  Personal  registration  for  all  elections 31 

4.  Personal  registration  of  all  electors 32 

5.  Provisional  registration    32 

6.  Conduct  of  elections  —  corrupt  practices 33 

7.  Election  laws  and  officers..  33 


II]  TABLE  OF  CONTENTS  vii 

Article  III,  §  1  —  Article  III,  §  6 

ARTICLE  III,  §  1 

Amendments  proposed  but  not  submitted  to  the  people  PAGE 

1.  Initiative   and   referendum 34 

2.  Initiative,  referendum  and  recall 45 

3.  Single   legislative   body 45 

ARTICLE  III,  §  2 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Term    of   assemblymen 4 45 

2.  Terms  of  senators  and  assemblymen 47 

3.  Additional  assemblymen  for  New  York  county 47 

4.  Single   legislative   body 48 

5.  Biennial   sessions   of  legislature  —  terms   and  apportionment   of 

legislators 48 

6.  Biennial  sessions  of  legislature  —  United  States  deposit  fund..     48 

7.  Biennial   sessions   of   legislature  —  terms   and   salaries   of   legis- 

lators — •  appropriations  —  apportionment 48 

8.  Terms    and   salaries    of   members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   48 

ARTICLE  in,  §  3 

Amendment   proposed  but  not  submitted  to  the  people 

1.  Single  legislative  body 54 

ARTICLE  III,  §  4 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Eemoval  of  restrictions  on  number  of  senators  in  counties 55 

2.  Formation   of   senate    district   by  joining   Richmond   county   to 

portion  of  New  York  county 56 

3.  Formation   of   senate   district   by   joining   Richmond   county   to 

portion   of  New  York  county  —  additional  senators  for  coun- 
ties with  two  or  more 57 

4.  Single  legislative  body 58 

ARTICLE  III,  §  5 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Additional  assemblyman  for  New  York  county 61 

2.  Single   legislative   body 64 

ARTICLE  III,  §  6 

Amendment  submitted  to  the  people  but  rejected 

1.  Salaries  and  mileage  of  senators  and  assemblymen  •. 64 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Salaries  of  senators  and  assemblymen 65 

2.  Mileage  of  senators  and  assemblymen 67 


viii  TABLE  OF  CONTENTS  [Part 

Article  III,  §  10  —  Article  III,  $  23 

ARTICLE  III,  §  6 — Continued  PAGE 

3.  Biennial   sessions   of   legislature  —  terms   and   salaries   of   legis- 

lators • —  appropriations  —  apportionment 67 

4.  Terms    and    salaries    of    members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   67 

ARTICLE  III,  §  10 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Eules  regulating  the  introduction  of  bills 68 

ARTICLE  III,  §  14 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Initiative   and   referendum 68 

2.  Initiative,  referendum  and  recall 68 

ARTICLE  III,  §  15 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Kequiring  opinion  of  court  of  appeals  on  pending  bills 69 

2.  Initiative  and  referendum 69 

ARTICLE  III,  §  18 

Amendment  submitted  to  the  people  and  adopted 70 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Classification  of  villages,  towns  and  counties  —  general  and 
special  village,  town  and  county  laws  —  acceptance  by  village, 
town  or  county 71 

ARTICLE  III,  §  19 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Providing  for  private  claims  by  general  laws 73 

ARTICLE  III,  §  21 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Eepayment  of  surplus  state  money  to  counties 7-4 

ARTICLE  in,  §  22 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Biennial  sessions  of  legislature  —  terms  and  salaries  of  legis- 
lators —  appropriations  —  apportionment 74 

ARTICLE  in,  §  23 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Bills  reported  by  statutory  revision  commissioners  —  statement  of 

repealed  laws  —  assent  of  two-thirds  of  legislature 75 


II]  TABLE  OF  CONTENTS  ix 

Article  III,  $  26  — Article  IV,  $  4 

ARTICLE  III,  §  26  PAGE 

Amendment  submitted  to  the  people  and  adopted 75 

ARTICLE  III,  §  27 

Amendment  submitted  to  the  people  and  adopted 76 

Amendments  proposed  but  not  submitted  to  the  people 

1.  County  auditor   76 

2.  Auditing  county  claims  —  paying  claims  over  auditor 's  objection  77 

3.  Enactment  of  forest,  fish  and  game  regulations  by  state  officers.  77 

ARTICLE  III,  §  29 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Employment   of   prisoners 78 

2.  Allowing  wages  to  prisoners  —  payment  to  dependents 79 

(ARTICLE  III,  new  §  30) 

3.  Restricting  legislation  as  to  cities  —  municipal  control  of  public 

utilities    79 

4.  General  tax    79 

5.  Contracts  of  employment  —  workmen's   compensation 80 

6.  Forbidding  sex  discrimination 80 

7.  Public    service   franchises 80 

ARTICLE  IV,  §  1 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Term  of  governor  and  lieutenant-governor , 81 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieu- 

tenant-governor —  short  ballot    81 

ARTICLE  IV,  §  3 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Biennial   sessions   of  legislature  —  terms   and   apportionment   of 

legislators 82 

2.  Biennial  sessions  of  legislature  —  United  States  deposit  fund . .     82 

3.  Biennial   sessions   of   legislature  —  terms   and   salaries   of   legis- 

lators —  appropriations : —  apportionment 82 

ARTICLE  IV,  §  4 

Amendment  submitted  to  the  people  but  rejected 

1.  Salary  of  governor 82 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Salary  of  governor 83 

2.  Short  ballot   84 

3.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieu- 

tenant-governor —  short  ballot    84 


TABLE  OF  CONTENTS  [Part 


Article  IV,   $  5  — Article  V,  §   6 


ARTICLE  IV,  §  5 

Amendments  proposed  but  not  submitted  to  the  people  PAGE 

1.  Court  of  pardons  —  remission  of  fines 84 

2.  Biennial  sessions  of  legislature  —  United  States  deposit  fund...     85 

ARTICLE  IV,  §  9 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Governor  to  approve  or  veto  bills  within  ten  days 86 

2.  Initiative   and   referendum 86 

3.  Initiative,  referendum  and  recall 86 

ARTICLE  V,  §  1 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Making  certain  state  officers  elective . 87 

2.  Short  ballot  87 

3.  Terms   and    salaries    of   members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot 87 

ARTICLE  V,  §  2 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Short  ballot   88 

2.  Terms   and   salaries    of    members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   88 

ARTICLE  V,  §  3 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Short  ballot 89 

2.  Terms   and    salaries    of    members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   89 

ARTICLE  V,  §  4 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Short  ballot   90 

2.  Terms   and    salaries    of    members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   90 

ARTICLE  V,  §  5 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Short  ballot   90 

2.  Terms    and    salaries    of    members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   90 

ARTICLE  V,  §  6 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Short  ballot   90 

2.  Terms   and    salaries    of    members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   91 


II]  TABLE  OF  CONTENTS  xi 

Article  V,  $  7 —  Article  VI,  §  1 

ARTICLE  V,  §  7 

Amendments  proposed  but  not  submitted  to  the  people  PAGE 

1.  Short  ballot   91 

2.  Terms    and    salaries    of   members    of   legislature,    governor    and 

lieutenant-governor  —  short  ballot   91 

ARTICLE  V,  §  8 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Short  ballot  91 

2.  Terms  and  salaries  of  members  of  the  legislature,  governor  and 

lieutenant-governor  —  short  ballot   91 

ARTICLE  V,  §  9 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Preference  to  veterans  of  Spanish-American  war 92 

2.  Additional  percentage  on  ratings  of  certain  discharged  soldiers, 

sailors   and   marines 93 

3.  Preference  to  certain  discharged  soldiers,  sailors  and  marines. .     95 

4.  Preference  to  veterans  of  Spanish-American  war  and  Philippine 

insurrection 96 

5.  Preference  to  veterans  of  'Spanish-American  war  and  Boxer  and 

Philippine   insurrections    97 

6.  Additional  percentage  on  ratings  of  Spanish-American  war  vet- 

erans       98 

7.  Preference  to  civil  war  veterans  who  were  residents  of  state  at 

time  of  enlistment 98 

8.  Preference  to  veterans  according  to  date  of  wars 99 

9.  Preference   to   certain    discharged   soldiers,   sailors   and   marines 

and  exempt  volunteer   firemen 99 

10.  Preference  to  war  veterans  and  certain  civil  service  employees.   100 

11.  Abolition  of  civil  service 101 

12.  Short  ballot   101 

13.  Terms    and    salaries    of    members    of   legislature,    governor    and 

lieutenant-governor  —  short  ballot   101 

ARTICLE  VI,  §  1 

Amendment  submitted  to  the  people  and  adopted.  .  . 102 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Additional  supreme  court  justices  —  new  judicial  district 103 

2.  Additional  justices  for  supreme  court  and  court  of  appeals 103 

3.  Additional  supreme  court  justices  —  assignment  of  justices 104 

4.  Increasing  or  diminishing  justices  of  supreme  court 104 

5.  Trial  commissioners  to  assist  supreme  court  justices  in  any  dis- 

trict    105 

6.  Trial  commissioners  to  assist  supreme  court  justices  in  first  and 

second  districts    106 

7.  Assignment  of  county  judges  to  assist  supreme  court  justices...  107 


xii  TABLE  OF  CONTENTS  [Part 

Article  VI,  §  2  — Article  VI,  $   7 

ARTICLE  VI,  §  2  PAGE 

Amendments  submitted  to  the  people  and  adopted 109 

Amendment  submitted  to  the  people  but  rejected 

1.  Taking  power  from  appellate  division  to  designate  special  terms, 

assign  justices  in  department  and  make  rules 112 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Designation  of  appellate  division  justices  by  court  of  appeals.  .    113 

2.  Designation  of  appellate  division  justices  by  court  of  appeals  — 

appointment  of  extra  special  or  trial  terms 115 

3.  Designation  of  appellate  division  justices  by  court  of  appeals  — 

powers  of  appellate  division  justice  within  and  outside  depart- 
ment      116 

4.  Jurisdiction  of  appellate  division  —  power  to  fix  times  and  places 

of    trial    terms 118 

5.  Appellate  division  to  designate  times  and  places  of  trial  terms.   119 

ARTICLE  VI,  §  4 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Commencement  of   term  of   supreme   court  justices  —  vacancies 

other  than  expiration  of  term 121 

2.  Court  of  appeals  to  fill  vacancies  —  in  supreme  court  by  appoint- 

ment until  general  election 122 

3.  Elections  to  fill  vacancies  in   supreme   court  in  odd  numbered 

years —  extension  of  term  of  certain  justices 122 

4.  Appointee  to  fill  vacancy  in  supreme  court  of  same  political  party 

as  predecessor    123 

(ARTICLE  VI,  new  §  5a) 

5.  Consolidating  city  court  of  New  York  with  supreme  court 123 

ARTICLE  VI,  §  6 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Trial  commissioners  126 

2.  Designation  of  supreme  court  commissioners  to  hold  trial  terms.  127 

ARTICLE  VI,  §  7 

Amendment  submitted  to  the  people  and  adopted 128 

Amendment  submitted  to  the  people  but  rejected 

1.  Additional  judges  for  court  of  appeals  —  salaries 129 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Second  division  of  court  of  appeals  to  relieve  calendar 129 

2.  'Commencement  of  term  of  court  of  appeals  judges 130 

3.  Additional  judges  for  court  of  appeals  —  number  to  sit  in  any 

case 131 

4.  Additional  judges  for  court  of  appeals  —  number  of  divisions  — 

number  necessary  to   decision  —  quorum 131 


II]  TABLE  OF  CONTEXTS  xiii 

Article  VI,  §  8  —  (Article  VI,  new  $  24) 

ARTICLE  VI,  §  8 

Amendment  proposed  but  not  submitted  to  the  people  PAGE 

1.  Appointments  to  fill  vacancies  in  court  of  appeals 133 

ARTICLE  VI,  §  9 

lendments  proposed  but  not  submitted  to  the  people 

1.  Appeals  to  court  of  appeals  —  when  allowed 134 

2.  Appeal   directly   to   court   of    appeals   from   final   judgments    or 

orders  in  certain  cases 136 

3.  Governor  or  legislature  may  require  opinion  of  court  of  appeals 

on  questions  of  law 137 

4.  Final  judgments  in  court   of  appeals 137 

(ARTICLE  VI,  new  §  9a) 

5.  Opinion   of  court   of   appeals   on   request   of   governor   or   either 

branch    of    legislature 138 

6.  Eeport  of  defects  in  constitution  or  statute  law  to  legislature. . .   138 

ARTICLE  VI,  §  11 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Eemoval  and  suspension  of  judicial  officers 139 

ARTICLE  VI,  §  12 

Amendment  submitted  to  the  people  and  adopted 141 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Compensation  of  judges  of  supreme  court  and  court  of  appeals.    142 

ARTICLE  VI,  §  14 

Amendment  submitted  to  the  people  and  adopted 144 

Amendment  submitted  to  the  people  but  rejected 

1.  Additional  county  judges  in  Kings  county 145 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Additional  county  judges  in  Kings  county 146 

2.  Additional  county  judge  in  Queens  county 150 

3.  Additional  county  judge  in  Westchester  county 152 

4.  Additional  county  judges  in  Kings  and  Westchester  counties. . .   154 

5.  Consolidation    of    Kings    county    auxiliary    court    with    county 

court   of  Kings   county 155 

(ARTICLE  VI,  new  §  24) 

6.  Additional  justices  in  first  district 156 

7.  Additional  justices  in  second  district 157 

8.  Additional  justices  in  eighth  district 158 

9.  Additional  justices  in  first  and  second  districts 158 

10.  Additional  justices  in  first,  second  and  eighth  districts 159 

11.  Court   of    condemnation    proceedings 160 

12.  Courts  not  to  declare  statute  unconstitutional..  .    160 


xiv  TABLE  OF  CONTENTS  [Part 

Article  VII,  $  I  — Article  VII,  $  7 

ARTICLE  VII,  §  1 

Amendment  proposed  but  not  submitted  to  the  people  PAGE 

1.  Prohibiting  appropriation  of  public  money  to  private  use 161 

ARTICLE  VII,  §  2 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Eight  hour  day  on  public  work  —  payment  of  prevailing  rate  of 

wages 161 

ARTICLE  VII,  §  4 

Amendments  submitted  to  the  people  and  adopted 163 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Time  for  payment  of  state   debts 166 

2.  Time   for   paying    state    debts  —  creation    of    debt  —  when    sub- 

mitted to  voters 167 

3.  Creation  of  debt  submitted  to  taxpayers 168 

4.  Permitting   legislature    to    alter    tax   rate   to    provide   for    debt 

authorized  by  vote  of  people 169 

5.  Initiative   and   referendum 170 

6.  Initiative,  referendum  and  recall 170 

ARTICLE  VII,  §  7 

Amendment  submitted  to  the  people  and  adopted 170 

Amendment  submitted  to  the  people  but  rejected 

1.  Lease,  exchange  and  sale  of  state  land  in  forest  preserve 171 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Use  of  forest  preserve  for  water  storage 172 

2.  Sale  of  lands  in  forest  preserve 173 

3.  Use  of  forest  preserve  lands  for  water   storage,   hydro-electric 

development  and  state  highways  —  sale  and  lease  of  lands  — 
removal  of  dead  and  down  timber 174 

4.  Cutting  of  timber,  construction  of  highways  and  lease  and  sale 

of  lands  within  forest  preserve 175 

5.  Sale  of  lands  and  removal  of  dead  timber  in  forest  preserve..  .   176 

6.  Sale,  lease  or  exchange  of  lands  in   and  cutting  of  timber   on 

forest  preserve  in  Lewis  county 177 

7.  Sale  and  removal  of  soft  woods  and  building  of  roads  in  forest 

preserve 177 

8.  Removal  of  dead,  burned  or  fallen  timber  in  forest  preserve...   178 

9.  Exception  of  certain  parts  of  forest  preserve  from  preservation 

as   wild   forest   lands  —  removal   of    dead,    burned   and   fallen 
timber 178 

10.  Use  of  St.  Lawrence  river  and  forest  preserve  for  water  storage 

and  power   development 178 

11.  Use  of  forest  preserve  for  conservation  and  utilization  of  water.  179 

12.  Use  of  forest  preserve  for  water  storage  or  forestation 179 

13.  Use  of  forest  preserve  lands  for  erection  of  state  tuberculosis 

sanitarium ...  .179 


II]  TABLE  OF  CONTENTS  xv 

(Article  VII,  new  §  7a) — Article  VII,  $  12 

(ARTICLE  VII,  new  §  7a)  PAGE 

14.  Restriction  on  disposal  of  water  and  water  rights 180 

15.  Removal    of    mature,    dead    or    fallen    timber  —  lease    of    camp 

sites  —  construction  of  roads  or  trails  —  sale  of  lands  outside 
Adirondack  or  Catskill  parks 180 

16.  Lease  of  camp  sites  in  forest  preserve 4&1 

ARTICLE  VII,  §  8 

Amendment  submitted  to  the  people  but  rejected 

1.  Prohibiting  sale  of  canals,  docks,  terminals,  etc 181 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Disposal  of  canals  to  United  States 182 

2.  Sale  or  other  disposition  of  canals 183 

3.  Abandonment  of  canals  and  construction  of  railroad  along  beds 

or   banks    183 

4.  Disposition  of  Black  Kiver  canal  north  of  Boonville 135 

5.  Grants  of  surplus  waters  of  canals  and  navigable  waters  and 

lands  thereunder   186 

6.  Repeal 189 

ARTICLE  VII,  §  9 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Legislature  to  regulate  canal  tolls 189 

2.  Abandonment  of  canals  and  construction  of  railroad  along  beds 

or   banks    190 

3.  Biennial  sessions  of  legislature  —  United  States  deposit  fund...   190 

ARTICLE  VII,  §  10 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Abandonment  of  canals  and  construction  of  railroad  along  beds 

or  banks    190 

ARTICLE  VII,  §  11 

Amendment  submitted  to  the  people  and  adopted 191 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Diversion  of  waters  of  Niagara  river 191 

ARTICLE  VII,  §  12 

Amendment  submitted  to  the  people  and  adopted 192 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Authorizing    state    debt    for    highway    improvement    other    than 

in   cities   and   villages 193 

2.  Highways  in  forest  preserve 193 

3.  Apportionment   of   highway   money 194 

4.  Increasing  highway  debt  limit  to  one  hundred  millions 195 

5.  Maintenance  of  highways 196 

6.  Improvement  of  interstate  highway  bridges  and  tunnels 197 


xvi  TABLE  OF  CONTENTS  [Part 

Article  VIII,  §  9  — Article  IX,  $  3 

ARTICLE  VIII,  §  9 

Amendments  proposed  but  not  submitted  to  the  people  PAGE 

1.  Welfare  and  safety  of  workmen  —  workmen's  compensation....   198 

ARTICLE  VIII,  §  10 

Amendments  submitted  to  the  people  and  adopted 200 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Limitation   of  indebtedness  of  cities  —  debts  for  water   supply 

excepted 207 

2.  Limitation  of  indebtedness  of  first  class  cities  —  debts  for  water 

supply  excepted  210 

3.  Limitation  of  indebtedness  of  third  class  cities  —  debts  for  water 

supply  excepted   212 

4.  Limitation   of  indebtedness   of   counties   and  cities  —  debts   for 

railroads  or   docks   excepted 214 

5.  Limitation  of  indebtedness  of  counties   and  cities  —  debts  for 

docks,  subways  and  elevated  roads  excepted 215 

6.  Limitation    of   indebtedness   of   New   York   city   to   fifteen  per 

cent  of  assessed  valuation 217 

7.  Limitation  of  indebtedness  of  New  York  city  —  certain  bonds 

excepted 219 

8.  Limitation  of  indebtedness  of  New  York  city  —  debts  for  sub- 

ways excepted 223 

9.  Limitation  of  indebtedness  of  New  York  city  —  debts  for  sub- 

ways and  docks  excepted 224 

10.  Limitation  of  indebtedness  of  New  York  city  —  debts  for  rail- 

roads and  docks  excepted 226 

11.  Limitation  of  indebtedness  of  New  York  city — debts  for  rail- 

roads, docks  or  other  improvements  excepted  if  income  suffi- 
cient  to    pay   interest 230 

12.  Restricting  legislation  as  to  cities  —  municipal  control  of  public 

utilities 232 

ARTICLE  VIII,  §  12 

Amendments  proposed  but  not  submitted  to  the  people 

1.  'Short  ballot 232 

2.  Terms    and    salaries    of   members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   232 

ARTICLE  VIII,  §  13 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Initiative,  referendum  and  recall 233 

ARTICLE  IX,  §  3 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Biennial  sessions  of  legislature  —  United  States  deposit  fund..   233 


II]  TABLE  OF  CONTENTS  xvii 

Article  X,  $  1  —  Article  X,  §  9 

ARTICLE  X,  §  1 

Amendments  proposed  but  not  submitted  to  the  people  PAGE 

1.  Terms  of  office  of  sheriffs,  county  clerks,  district  attorneys  and 

registers 234 

2.  Governor  to  appoint  sheriffs  —  justices  of  appellate  division  to 

appoint  county  clerks  and  registers _234 

3.  Appointment  or  election  of  city  officers  and  county  officers  in 

city   of    New    York  —  term : —  removal 235 

ARTICLE  X,  §  2 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Civil  service  —  appointment  of  person  highest  on  list 236 

2.  Appointment  or  election  of  city  officers  and  county  officers  in 

city  of  New  York  —  term  —  removal 236 

ARTICLE  X,  §  3 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Initiatfve,  referendum  and  recall 236 

ARTICLE  X,  §  4 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Appointment  or  election  of  city  officers  and  county  officers  in 

city   of   New   York  —  term  —  removal 237 

ARTICLE  X,  §  6 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Biennial  sessions  of  legislature 237 

2.  Biennial  sessions  of  legislature  —  United  States  deposit  fund..  '237 

3.  Biennial   sessions  of  legislature  —  terms   and  apportionment   of 

legislators 237 

4.  Biennial   sessions   of   legislature  —  terms    and   salaries   of   legis- 

lators —  appropriations  —  apportionment 238 

ARTICLE  X,  §  7 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Eemoval  of  officers  for  misconduct  or  malversation  in  office.  . . .   238 

ARTICLE  X,  §  8 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Initiative,  referendum  and  recall 238 

ARTICLE  X,  §  9 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Short  ballot   239 

2.  Terms    and    salaries    of    members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   239 


xviii  TABLE  OF  CONTENTS  [Part 

(Article  X,  new  $   10)— Article  XIII,   $  5 

(ARTICLE  X,  new  §  10)  PAGE 

3.  Eecall  of  elective  officers 239 

ARTICLE  XI,  §  4 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Short  ballot   241 

2.  Terms   and    salaries    of    members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   241 

ARTICLE  XI,  §  6 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Short  ballot   242 

2.  Terms    and    salaries    of   members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   242 

ARTICLE  XII,  §  1 

Amendment  submitted  to  the  people  and  adopted 242 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Municipal    home    rule 243 

ARTICLE  XII,  §  2 

Amendment  submitted  to  the  people  and  adopted 248 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Action  of  mayor  and  governor  on  special  city  bills 249 

2.  Special  city  bill  not  to  become  law  without  approval  of  mayor. .  251 

3.  Classification   of  cities 251 

4.  Initiative   and   referendum 252 

5.  Initiative,  referendum  and  recall 252 

6.  Municipal  home  rule 252 

ARTICLE  XII,  §  3 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Appointment  or  election  of  city  officers  and  county  officers  in 

New  York  city  —  term  —  removal 253 

2.  Municipal  home  rule 253 

(ARTICLE  XII,  new  §  4) 

3.  Bef erendum  on  street  railway  franchises 253 

4.  Eestricting  legislation  as  to  cities  —  municipal  control  of  public 

utilities 253 

ARTICLE  XIII,  §  5 

Amendment  proposed  but  not  submitted  to  the  people 

1.  Eepeal 254 


II]  TABLE  OF  CONTENTS  xix 

Article  XIV,  $  1  — Article  XIV,  $  2 

ARTICLE  XIV,  §  1 

Amendments  proposed  but  not  submitted  to  the  people  PAGE 

1.  Approval  of  proposed  amendments  by  governor 255 

2.  Vote  of  people  necessary  to  ratify  amendment  proposed  by  legis- 

lature : — •  time   of   submission 255 

3.  Two-thirds  vote  of  legislature  on  proposed  amendments -857- 

4.  Two-thirds  vote  of  legislature  on  proposed  amendments  —  time 

of  submission  to  people  —  vote  necessary  to  ratify  amendment.  257 

5.  Submission  of  amendments  on  petition  of  voters 258 

6.  Initiative  and  referendum f 258 

7.  Initiative,  referendum  and  recall 258 

8.  Single  legislative  body 258 

ARTICLE  XIV,  §  2 

Amendments  proposed  but  not  submitted  to  the  people 

1.  Vote  necessary  to  ratify  constitution  or  constitutional  amend- 

ments submitted  by  constitutional  convention 260 

2.  Initiative,  referendum  and  recall 261 

3.  Single   legislative   body 261 

PROPOSALS  TO  ADD  NEW  ARTICLE  XVI 
1.  Initiative   and   referendum 262 

COMPOSITE  AMENDMENTS 

Amendments  affecting  two  or  more  articles  or  sections  proposed  but 
not  submitted  to  the  people 

1.  Initiative   and   referendum 271 

2.  Initiative,  referendum  and  recall 293 

3.  Biennial   sessions   of   legislature  —  terms   and   apportionment   of 

legislators 310 

4.  Biennial   sessions   of   legislature  — •  terms   and   salaries   of   legis- 

lators —  appropriations  —  apportionment 311 

5.  Biennial  sessions  of  legislature  —  United  States  deposit  fund...   314 

6.  Single  legislative  body 316 

7.  Terms    and   salaries    of    members    of    legislature,    governor    and 

lieutenant-governor  —  short  ballot   319 

8.  Short  ballot  322 

9.  Appointment  or  election  of  city  officers  and  county  officers  in 

city  of  New  York  —  term  —  removal 335 

10.  Restricting  legislation  as  to  cities  —  municipal  control  of  public 

utilities 337 

11.  Municipal  home  rule 338 


Index .367 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED 


PART  II 

Amendments  to  the  Constitution  Proposed  in  the  Legislature, 

1895-1914,  Including  Those  Adopted  by  the   People, 

Those    Submitted   to   the   People   but    Rejected, 

and  Those  Not  Submitted  to  the  People 


[xxi] 


NEW  YORK  STATE  CONSTITUTION  ANNOTATED 


PART  II 

Amendments  to  the  Constitution  Proposed  in  the  Legislature, 

1895-1914,   Including   Those   Adopted  by  the   People, 

Those   Submitted   to   the   People   but   Rejected, 

and  Those  Not  Submitted  to  the  People1 


ARTICLE  I 

§  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been  heretofore 
used  shall  remain  inviolate  forever;  but  a  jury  trial  may  be  waived 
by  the  parties  in  all  civil  cases  in  the  manner  to  be  prescribed  by 
law. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.    Verdict  by  less  than  full  jury 

§  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been  hereto- 
fore used  shall  remain  inviolate  forever;  but  a  jury  trial  may  be 
waived  by  the  parties  in  all  civil  cases  and  in  all  criminal  cases  not 
amounting  to  felony  in  the  manner  to  be  prescribed  by  law[.]; 
and  in  case,  after  a  jury  has  been  empaneled  for  the  trial  of  any 
civil  or  criminal  action,  not  more  than  two  jurors  shall  die,  or,  by 
sickness  or  some  other  cause  satisfactory  to  the  court,  shall  be  un- 
able to  further  attend  the  trial,  the  trial  may  proceed  with  the 
ten  or  eleven  jurors,  as  the  case  may  be,  with  the  same  force  and 
effect  as  if  all  the  jurors  had  remained;  and  also,  the  legislature 
may  provide  that  when  a  jury  of  twelve  men  in  any  civil  or  crim- 
inal case  shall  be  unable  to  agree  upon  a  verdict,  the  judge  may, 
in  his  discretion,  take  the  verdict  of  not  less  than  ten  of  the 
jurors,  and  such  verdict  shall  have  the  same  force  and  effect  as  if 
the  whole  twelve  had  agreed  thereto. 

1901.     A.  No.  638   (Int.  583). 
A.  J.  292. 


i  For  explanation  of  the  purpose  and  plan  of  Part  II  of  this  work,  and  of 
the  abbreviations  used,  see  introductory  note. 

[i] 


2  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  I,  $  2 

§  2.  (Proposal  to  add  the  following:)  The  legislature  may  pro- 
vide that  in  civil  actions  not  less  than  five-sixths  of  the  jurors  of  a 
jury  may  render  a  verdict  which  shall  have  the  same  force  and 
effect  as  if  all  the  jurors  concurred  therein. 

1904.     A.  No.  1998  (Int.  1395). 
A.  J.  1969. 

§  2.  (Proposal  to  add  the  following:)  The  verdict  agreed  upon 
by  ten  jurors  in  civil  cases  shall  ~be  the  verdict  of  the  jury,  provid- 
ing the  verdict  is  not  unanimous. 

1906.  A.  No.  379   (Int.  360). 

A.  J.  150. 

§  2.  (Proposal  to  add  the  following:)  In  all  civil  causes  a 
verdict  may  he  rendered  by  the  concurrence  of  tiuo-thirds  of  the 
jurors,  and  in  all  criminal  causes  by  the  concurrence  of  three- 
fourths  of  the  jurors.  The  legislature  shall  at  the  next  session,  by 
appropriate  legislation,  provide  for  carrying  this  section  into  effect. 

1907.  S.  No.  114  (Int.  112). 

S.  J.  42. 

§  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been  hereto- 
fore used  shall  remain  inviolate  forever ;  except  that  in  all  civil  and 
criminal  cases,  other  than  those  wlierein  the  punishment  to  be  in- 
flicted is  death,  the  concurrence  of  three-fourths  of  the  jurors  shall 
be  sufficient  to  return  a  verdict,  provided  that,  when  it  is  returned 
by  a  number  less  than  the  wliole  jury,  it  shall  be  signed  by  the 
jurors  concurring  therein;  but  a  jury  trial  may  be  waived  by  the 
parties  in  all  civil  cases  in  the  manner  to  be  prescribed  by  law. 

1909.  A.  No.  1446  (Int.  1252). 

A.  J.  826. 

1910.  A.  No.  891  (Int.  779). 

A.  J.  458. 

§  2.  (Proposal  to  add  the  following:)  Hereafter,  in  all  civil  and 
criminal  cases  which  shall  be  tried  by  jury,  three-fourths  of  the 
number  of  jurors  sitting  in  any  such  case,  concurring,  shall  have 
the  power  to  render  a  verdict,  and  such  verdict  shall  have  the  same 
force  and  effect  as  though  found  and  returned  by  all  the  jurors 
sitting  in  said  case. 

1912.     S.  No.  320  (Int.  307).     (Same  as  A.  No.  382.) 

'S.  J.  77. 

A.  No.  382  (Int.  372).     (Same  as  S.  No.  320.) 
A.  J.  115. 

'§  2.  (Proposal  to  add  the  following:)  Hereafter,  in  all  civil 
cases  which  shall  be  tried  by  jury,  three-fourths  of  the  number  of 
jurors  sitting  in  any  such  case,  concurring,  shall  have  the  power  to 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914          3 

Article  I,  $  2 

render  a  verdict,  and  such  verdict  shall  have  the  same  force  and 
effect  as  though  found  and  returned  by  all  the  jurors  sitting  in 
such  case. 

1914.     A.  No.  387  (Int.  384). 
A.  J.  148. 

2.  Waiver  of  jury  trial  —  verdict  by  less  than  full  jury  —  judgment  on 

appeal 

§  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been  hereto- 
fore used  shall  remain  inviolate  forever ;  but  in  all  civil  cases  a 
jury  trial  may  be  waived  by  the  parties  and  shall  be  deemed  waived 
[in  all  civil  cases],  unless  demanded  in  the  manner  to  be  prescribed 
by  law;  and  in  all  criminal  cases  it  may  be  waived  in  the  manner 
to  be  prescribed  by  law.  In  all  civil  cases  three-fourths  of  the 
jury  may  render  a  verdict.  The  legislature  may  provide  that  in 
any  or  all  criminal  cases  five-sixths  of  the  jury  may  render  a  ver- 
dict. In  all  cases  the  legislature  may  authorize  trial  by  a  jury  of 
not  less  than  six,  and  the  jury  may  consist  of  any  number  less  than 
twelve  upon  which  the  parties  may  agree.  On  appeal  any  appellate 
court  (except  as  otherwise  provided  with  respect  to  the  court  of 
appeals)  may  award  final  judgment  on  the  record  upon  the  right  of 
any  or  all  of  the  parties,  or  judgment  of  modification,  according  to 
justice;  or  may  grant  a  new  trial  or  further  hearing  either  of  the 
whole  case  or  of  any  particular  issue  therein,  as  to  any  or  all  of 
the  parties,  as  justice  may  require. 

1913.     A.  No.  822  (Int.  789). 
A.  J.  300. 

3.  Additional  jurors  to  fill  vacancies 

§  2.  (Proposal  to  add  the  following:)  Additional  jurors,  to 
attend  during  a  trial  to  fill  vacancies  ivhich  from  any  cause  may 
occur  on  a  jury,  may  be  drawn  in  the  manner  to  be  prescribed  by 
the  legislature. 

1905.  S.  No.  43  (Int.  43).     To  A.     Amended,  A.  No.  2030.    To  S. 

S.  J.  26,  163,  209,  241,  265,  1344. 

A.  J.  409,  2069,  2211,  2243,  2309,  2414,  2441,  2583. 

§  2.  (Proposal  to  add  the  following:)  Additional  jurors  may  be 
empaneled  in  the  manner  to  be  prescribed  by  the  legislature,  to 
attend  upon  a  trial,  to  fill  vacancies,  which  from  any  cause  may 
occur  on  a  jury  during  such  trial. 

1906.  S.  No.  280  (Int.  257). 

S.  J.  103,  257,  489,  500,  739. 

1907.  A.  No.  155  (Int.  155). 

A.  J.  50. 

1908.  A.  No.  208  (Int.  205). 

A.  J.  74. 


4  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  I,  $  6 

§  6.  No  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime  (except  in  cases  of  impeachment,  and  in  cases 
of  militia  when  in  actual  service;  and  the  land  and  naval  forces 
in  time  of  war,  or  which  this  State  may  keep  with  the  consent  of 
Congress  in  time  of  peace,  and  in  cases  of  petit  larceny,  under  the 
regulation  of  the  Legislature),  unless  on  presentment  or  indict- 
ment of  a  grand  jury,  and  in  any  trial  in  any  court  whatever  the 
party  accused  shall  be  allowed  to  appear  and  defend  in  person 
and  with  counsel  as  in  civil  actions.  No  person  shall  be  subject 
to  be  twice  put  in  jeopardy  for  the  same  offense ;  nor  shall  he  be 
compelled  in  any  criminal  case  to  be  a  witness  against  himself; 
nor  be  deprived  of  life,  liberty  or  property  without  due  process 
of  law ;  nor  shall  private  property  be  taken  for  public  use  without 
just  compensation. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  BUT  REJECTED 
1.    Excess  condemnation 

§  6.  (Proposal  to  add  the  following:)  When  private  property 
shall  be  taken  for  public  use  by  a  municipal  corporation,  addi- 
tional adjoining  or  neighboring  property  may  be  taken  under  con- 
ditions to  be  prescribed  by  the  legislature  by  general  law.  Prop- 
erty thus  taken  shall  be  deemed  to  be  taken  for  public  use. 

1909.  S.  No.  216  (Int.  211).     (Same  as  A.  No.  362.) 

S.  J.  108. 

A.  No.  362  (Int.  355).     (Same  as  S.  No.  216.) 
A.  J.  191. 

1910.  A.  No.  1407  (Int.  1137).  To  Sec.  of  State. 

A.  J.  838,  2147,  2245,  2396,  2518,  3677,  3678. 
S.  J.  1213,  1903,  1993,  1994. 

1911.  S.  No.  351  (Int.  202).  (Same  as  A.  No.  341.)  To  Sec.  of  State. 

S.  J.  85,  140,  440,  810,  1034,  1495. 
A.  J.  2191,  2896,  2900,  2917. 
A.  No.  341  (Int.  340).  (Same  as  S.  No.  351.) 

A.  J.  161. 
Kejected  Nov.  7,  1911. 

Vote:  for,  254,095;  against,  357,881. 

(For  adopted  amendment  giving  the  right  of  excess  condemnation,  see 
Art.  I,  §  7,  p.  8.) 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.     Eminent  domain  for  water  power  development 

§  6.  (Proposal  to  add  the  following:)  The  legislature  may,  by 
general  laws,  provide  for  the  taking,  upon  just  compensation,  of 
private  property  for  the  development  of  sources,  conservation  or 
utilization  of  water  or  regulation  of  its  flow. 

1913.     A.  No.  538  (Int.  524). 
A.  J.  172. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914          5 

Article  I,  §  6 

2.    Necessity  for  presentment  or  indictment  —  eminent  domain  for  water 
power  development 

§  6.  No  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime  [(except  in  cases  of  impeachment,  and  in 
cases  of  militia  when  in  actual  service,  and  the  land  and  naval 
forces  in  time  of  war,  or  which  this  state  may  keep  with  the  con- 
sent of  congress  in  time  of  peace,  and  in  cases  of  petit  larceny,' 
under  the  regulation  of  the  legislature)],  unless  on  presentment 
or  indictment  of  a  grand  jury,  and  in  any  trial  in  any  court  what- 
ever the  party  accused  shall  be  allowed  to  appear  and  defend  in 
person  and  with  counsel  as  in  civil  actions.  No  person  shall  be 
subject  to  be  twice  put  in  jeopardy  for  the  same  offense;  nor  shall 
he  be  compelled  in  any  criminal  case  to  be  a  witness  against  him- 
self; nor  be  deprived  of  life,  liberty  or  property  without  due 
process  of  law ;  nor  shall  private  property  be  taken  for  public  use, 
without  just  compensation.  The  legislature  may,  by  general  laws, 
provide  for  the  taking,  upon  just  compensation,  of  private  prop- 
erty for  the  development  of  sources,  conservation  or  utilization  of 
water  or  regulation  of  its  flow. 

1912.     A.  No.  562  (Int.  539). 
A.  J.  166. 

§  6.  No  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime  [(except  in  cases  of  impeachment,  and  in 
cases  of  militia  when  in  actual  service,  and  the  land  and  naval 
forces  in  time  of  war,  or  which  this  state  may  keep  with  the  con- 
sent of  congress  in  time  of  peace,  and  in  cases  of  petit  larceny, 
under  the  regulation  of  the  legislature)],  unless  on  presentment 
or  indictment  of  a  grand  jury,  and  in  any  trial  in  any  court  what- 
ever the  party  accused  shall  be  allowed  to  appear  and  defend  in 
person  and  with  counsel  as  in  civil  actions.  No  person  shall  be 
subject  to  be  twice  put  in  jeopardy  for  the  same  offense;  nor  shall 
he  be  compelled  in  any  criminal  case  to  be  a  witness  against  him- 
self; nor  be  deprived  of  life,  liberty  or  property  without  due 
process  of  law ;  nor  shall  private  property  be  taken  for  public  use, 
without  just  compensation.  The  legislature  may,  by  general  laws, 
provide  for  the  taking,  upon  just  compensation,  of  private  prop- 
erty for  the  construction  and  maintenance  of  water  storage  reser- 
voir and  for  the  development  or  conservation  or  utilization  of  water 
or  regulation  of  its  floiu.  Property  so  taken  shall  be  deemed  to  be 
taken  for  a  public  use. 

1912.     S.  No.  1272  (Int.  345). 
S.  J.  92,  661. 


6  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  I,  §  6 

3.  Necessity  for  presentment  or  indictment  —  prosecution  of  misdemeanors 

—  defendant  as  witness  —  appeals  by  people  in  criminal  cases 

§  6.  No  person  shall  be  held  to  answer  for  a  felony  [capital  or 
otherwise  infamous  crime]  (except  in  cases  of  impeachment,  and 
in  cases  of  militia  when  in  actual  service ;  and  the  land  and  naval 
forces  in  time  of  war,  or  which  this  state  may  keep  with  the  con- 
sent of  congress  in  time  of  peace,  and  in  cases  of  petit  larceny, 
under  the  regulation  of  the  legislature),  unless  on  presentment  or 
indictment  of  a  grand  jury.  Misdemeanors  shall  be  prosecuted 
a$  may  lie  prescribed  by  law.  [And  i]Zn  any  trial  in  any  court 
whatever  the  party  accused  shall  be  allowed  to  appear  and  defend 
in  person  and  with  counsel  as  in  civil  actions.  No  person  shall 
be  subject  to  be  twice  put  in  jeopardy  for  the  same  offense;  [nor 
shall  he  be  compelled  in  any  criminal  case  to  be  a  witness  against 
himself ;]  nor  be  deprived  of  life,  liberty  or  property  without  due 
process  of  law ;  nor  shall  private  property  be  taken  for  public  use 
without  just  compensation.  The  legislature,  however,  may  author- 
ize an  appeal  by  the  people  in  any  criminal  case  from  a  dismissal 
of  the  indictment,  a  direction  of  acquittal,  or  from  any  erroneous 
ruling  or  decision  of  the  trial  judge  in  favor  of  the  defendant: 
Provided  that  the  appellate  court  may,  notivithstanding ,  affirm 
the  judgment  if  it  consider  that  no  substantial  miscarriage  of  jus- 
tice has  actually  occurred.  On  any  appeal  in  a  criminal  case  the 
appellate  court  shall,  if  it  think  that  a  different  sentence  should 
have  been  passed,  quash  the  sentence  passed  at  the  trial,  and  pass 
such  other  sentence  warranted  in  law  by  the  verdict  (ichether 
more  or  less  severe)  in  substitution  therefor  as  it  tliiiiks  ought  to 
have  been  passed. 

1913.     A.  No.  824  (Int.  791). 
A.  J.  300. 

4.  Recall  of  judicial  decisions  on  constitutional  questions 

§  6.  (Proposal  to  add  the  following:)  Provided,  however,  that 
nothing  contained  in  this  section  shall  be  construed  to  render  void 
as  depriving  a  person  of  liberty  or  property  without  due  process 
of  law,  an  act  of  the  legislature  which  is  held  by  the  strong  and 
preponderant  opinion  of  the  people  of  the  state  to  be  greatly  and 
immediately  necessary  to  the  public  welfare;  and  if  an  act  of  the 
legislature,  not  in  conflict  with  any  other  provision  of  this  con- 
stitution, shall  be  declared  by  the  court  of  appeals  to  be  void  on 
the  ground  that  it  deprives  a  person  of  liberty  or  property  without 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914          7 

Article  I,  $  7 

due  process  of  law,  the  question,  "  Shall  chapter (describ- 
ing the  act  by  the  number  of  its  chapter,  the  year  or  date  of  its 
enactment  by  the  legislature,  and  its  title)  become  a  law?"  shall 
be  submitted  to  a  vote  of  the  electors  of  the  state,  if  not  less  than 
two  thousand  electors  in  each  of  five  counties  of  the  state  shall  so 
petition  in  writing.  Such  question  shall  be  submitted  to  the  people,- 
in  the  manner  prescribed  for  the  submission  of  constitutional 
amendments  to  a  vote  of  the  people,  at  the  next  general  election 
which  is  held  not  less  than  six  months  after  such  decision  of  the 
court  of  appeals  and  not  less  than  sixty  days  after  the  filing  of  such 
petition  with  the  secretary  of  state;  and  in  case  a  majority  of  the 
electors  voting  thereon  shall  decide  in  the  affirmative  of  such  ques- 
tion, the  said  act  shall  take  effect  thirty  days  after  the  date  of  such 
election;  and  the  constitution  shall  not  thereafter  be  construed  to 
render  void  such  act  or  any  part  thereof,  but  the  said  act  shall  be 
subject  to  amendment  and  repeal  the  same  as  other  laws. 

1913.  S.  No.  1118  (Int.  998).     (Same  as  A.  No.  1416.) 

S.  J.  395. 

A.  No.  1416  (Int.  1306).     (Same  as  S.  No.  1118.) 
A.  J.  612. 

1914.  A.  No.  1460  (Int.  1315). 

A.  J.  865. 

5.    Workmen's  compensation 

§  6.  (Proposal  to  add  the  following:)  The  legislature  shall  have 
power,  notwithstanding  anything  in  this  article  contained,  to  pro- 
vide by  law  for  the  making  by  the  employer  of  just  and  reason- 
able compensation  to  workmen  for  injuries  received  by  them  in  the 
course  of  their  employment,  ivhether  or  not  any  negligence  on  the 
part  of  the  employer  appear.  The  legislature  may  also  provide  by 
law  for  the  making  by  the  employer  of  just  and  reasonable  com- 
pensation to  the  next  of  Jcin  of  any  deceased  workman  whose  death 
shall  be  caused  in  the  course  of  his  employment,  whether  or  not 
any  negligence  on  the  part  of  the  employer  appear. 

1911.  S.  No.  1158  (Int.  1019).  (Same  as  A.  No.  1700.)  To  A. 
S.  J.  622,  1880,  2215. 
A.  J.  3843,  4179,  4182,  4215. 
A.  No.  1700  (Int.  1424).  (Same  as  S.  No.  1158.) 

A.  J.  1335. 

(For  adopted  amendment  authorizing  a  workmen's  compensation  law, 
see  Art.  I,  §  19,  p.  15.  For  other  proposals  authorizing  a  workmen's  com- 
pensation law,  see  amendments  proposed  to  Art.  I  adding  §  19,  p.  16,  and 
to  Art.  Ill  adding  §  30,  p.  80.) 

§  7.  When  private  property  shall  be  taken  for  any  public  use, 
the  compensation  to  be  made  therefor,  when  such  compensation 


8  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  I,  $  7 

is  not  made  by  the  State,  shall  be  ascertained  by  a  jury  or 
by  not  less  than  three  commissioners  appointed  by  a  court  of 
record,  as  shall  be  prescribed  by  law.  Private  roads  may  be 
opened  in  the  manner  to  be  prescribed  by  lav/ ;  but  in  every  case 
the  necessity  of  the  road  and  the  amount  of  all  damage  to  be 
sustained  by  the  opening  thereof  shall  be  first  determined  by  a 
jury  of  freeholders,  and  such  amount,  together  with  the  expenses 
of  the  proceeding,  shall  be  paid  by  the  person  to  be  benefited. 
General  laws  may  be  passed  permitting  the  owners  or  occupants 
of  agricultural  lands  to  construct  and  maintain  for  the  drainage 
thereof,  necessary  drains,  ditches  and  dykes  upon  the  lands  of 
others,  under  proper  restrictions  and  with  just  compensation,  but 
no  special  laws  shall  be  enacted  for  such  purposes. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  7.  When  private  property  shall  be  taken  for  any  public  use, 
the  compensation  to  be  made  therefor,  when  such  compensation 
is  not  made  by  the  state,  shall  be  ascertained  by  a  jury,  or  by  the 
supreme  court  with  or  without  a  jury,  but  not  with  a  referee,  or 
by  not  less  than  three  commissioners  appointed  by  a  court  of 
record,  as  shall  be  prescribed  by  law.  Private  roads  may  be 
opened  in  the  manner  to  be  prescribed  by  law ;  but  in  every  case 
the  necessity  of  the  road  and  the  amount  of  all  damage  to  be 
sustained  by  the  opening  thereof  shall  be  first  determined  by  a 
jury  of  freeholders,  and  such  amount,  together  with  the  expenses 
of  the  proceeding,  shall  be  paid  by  the  person  to  be  benefited. 
General  laws  may  be  passed  permitting  the  owners  or  occupants 
of  agricultural  lands  to  construct  and  maintain  for  the  drainage 
thereof,  necessary  drains,  ditches  and  dykes  upon  the  lands  of 
others,  under  proper  restrictions  and  with  just  compensation,  but 
no  special  laws  shall  be  enacted  for  such  purposes. 

The  legislature  may  authorize  cities  to  take  more  land  and 
property  than  is  needed  for  actual  construction  in  the  laying  out, 
widening,  extending  or  relocating  parks,  public  places,  highways 
or  streets ;  provided,  however,  that  the  additional  land  and  prop- 
erty  so  authorized  to  be  taken  shall  be  no  more  than  sufficient  to 
form  suitable  building  sites  abutting  on  such  park,  public  place, 
highway  or  street.  After  so  much  of  the  land  and  property  has 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914  9 


Article  I,  §  7 


been  appropriated  for  such  park,  public  place,  highway  or  street 
as  is  needed  therefor,  the  remainder  may  be  sold  or  leased. 

1912.  S.  No.  1015  (Int.  723).  (Same  as  A.  No.  1410.)  To  Sec.  of  State. 

S.  J.  266,  407,  595,  841,  1397. 
A.  J.  1614,  2301,  2304,  2311. 

A.  No.  1410  (Int.  1236).  (Same  as  S.  No.  1015.) 
A.  J.  727,  1143,  1207,  1246,  1356,  1382,  1452,  1569,  1701,  1809,  1917, 
2080. 

1913.  A.  No.  386  (Int.  383).  Substituted  for  S.  No.  249.  To  Sec.  of  State. 

A.  J.  118,  1054,  1119,  1144,  1194,  1288,  1568,  3605. 
S.  J.  947,  1878,  2053. 
S.  No.  249  (Int.  244).  A.  No.  386  substituted. 

S.  J.  69,  1129,  1702,  1878. 
Adopted  Nov.  4,  1913. 

Vote:  for,  424,928;  against,  270,467. 

(For  other  proposals  to  give  the  right  of  excess  condemnation,  see  amend- 
ment proposed  to  Art.  I,  §  6,  p.  4.) 

AMENDMENT    SUBMITTED    TO    THE    PEOPLE    BUT    REJECTED 
1.     Condemnation  proceedings  —  ascertainment  of  damages 

§  7.  When  private  property  shall  be  taken  for  any  public  use, 
the  compensation  to  be  made  therefor,  when  such  compensation  is 
not  made  by  the  state,  shall  be  ascertained  by  a  jury,  by  the 
supreme  court  with  or  without  a  jury  or  by  not  less  than  three 
commissioners  appointed  by  a  court  of  record,  as  shall  be  pre- 
scribed by  law.  Private  roads  may  be  opened  in  the  manner  to 
be  prescribed  by  law;  but  in  every  case  the  necessity  of  the  road 
and  the  amount  of  all  damage  to  be  sustained  by  the  opening 
thereof  shall  be  first  determined  by  a  jury  of  freeholders,  and 
such  amount,  together  with  the  expenses  of  the  proceeding,  shall 
be  paid  by  the  person  to  be  benefited.  General  laws  may  be 
passed  permitting  the  owners  or  occupants  of  agricultural  lands 
to  construct  and  maintain  for  the  drainage  thereof,  necessary 
drains,  ditches  and  dikes  upon  the  lands  of  others,  under  proper 
restrictions  and  with  just  compensation,  but  no  special  laws  shall 
be  enacted  for  such  purposes. 

1910.  A.  No.  1984  (Int.  25).  (Same  as  S.  No.  882.)  To  Sec.  of  State. 

A.  J.  33,  758,  1226,  1470,  1559,  1687,  1794,  3678. 
S.  J.  864,  1764,  1905,  1910,  2004. 
S.  No.  882.  (Int.  789).  (Same  as  A.  No.  1984.) 
S.  J.  487. 

1911.  S.  No.  352  (Int.  204).  (Same  as  A.  No.  292.)  To  Sec.  of  State. 

S.  J.  85,  140,  440,  592,  752,  1437,  1517,  2472. 

A.  J.  3008,  4043,  4049,  4C£S,  4227. 
A.  No.  292  (Int.  291).  (Same  as  S.  No.  352.) 

A.  J.  148. 
Kejected  Nov.  7,  1911. 

Vote:  for,  274,846;  against,  322,782. 


10  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  I,  $  7 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Condemnation  proceedings  —  ascertainment  of  damages 

§  7.  When  private  property  shall  be  taken  for  any  public  use, 
the  compensation  to  be  made  therefor,  when  such  compensation 
is  not  made  by  the  state,  shall  be  ascertained  by  a  jury,  or  by 

[not  less  than  three  commissioners  appointed  by  a  court  of  record] 
a  commissioner  or  commissioners  appointed  or  elected  as  shall  be 
prescribed  by  law.  Private  roads  may  be  opened  in  the  manner 
to  be  prescribed  by  law ;  but  in  every  case  the  necessity  of  the  road 
and  the  amount  of  all  damage  to  be  sustained  by  the  opening 
thereof  shall  be  first  determined  by  a  jury  of  freeholders,  and 
such  amount,  together  with  the  expenses  of  the  proceeding,  shall 
be  paid  by  the  person  to  be  benefited.  General  laws  may  be  passed 
permitting  the  owners  or  occupants  of  agricultural  lands  to  con- 
struct and  maintain  for  the  drainage  thereof,  necessary  drains, 
ditches  and  dykes  upon  the  lands  of  others,  under  proper  restric- 
tions and  with  just  compensation,  but  no  special  laws  shall  be 
enacted  for  such  purposes. 

1906.     8.  No.  865  (Int.  699).     (Same  as  A.  No.  2024.) 

S.  J.  531. 

A.  No.  2024  (Int.  608).     (Same  as  S.  No.  865.) 
A.  J.  307,  1833. 

§  7.  When  private  property  shall  be  taken  for  any  public  use, 
the  compensation  to  be  made  therefor,  when  such  compensation 
is  not  made  by  the  state,  shall  be  ascertained  by  the  supreme  court 
or  by  a  court  constituted  pursuant  to  the  provisions  of  section 
twenty-four  of  article  six  of  this  constitution  or  by  a  jury,  or  by 
not  less  than  three  commissioners  appointed  by  a  court  of  record, 
as  shall  be  prescribed  by  law.  Private  roads  may  be  opened  in  the 
manner  to  be  prescribed  by  law;  but  in  every  case  the  necessity 
of  the  road  and  the  amount  of  all  damage  to  be  sustained  by  the 
opening  thereof  shall  be  first  determined  by  a  jury  of  freeholders, 
and  such  amount,  together  with  the  expenses  of  the  proceeding, 
shall  be  paid  by  the  person  to  be  benefited.  General  laws  may  be 
passed  permitting  the  owners  or  occupants  of  agricultural  lands 
to  construct  and  maintain  for  the  drainage  thereof,  necessary 
drains,  ditches  and  dikes  upon  the  lands  of  others,  under  proper 
restrictions  and  with  just  compensation,  but  no  special  laws  shall 
be  enacted  for  such  purposes. 

1909.    'S.  No.  493  (Int.  210).     (Same  as  A.  No.  1504.) 

S.  J.  107,  301. 

A.  No.  1504  (Int.  354).  (Same  as  S.  No.  493). 
A.  J.  191,  750,  876,  927,  1078,  1175,  1228,  1374.  To  S. 
S.  J.  752. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         11 

Article  I,  §  7 

1910.     S.  No.  35  (Int.  35). 
S.  J.  17. 

§  7.  When  private  property  shall  be  taken  for  any  public  use  the 
compensation  to  be  made  therefor,  when  such  compensation  is  not 
made  by  the  state  shall  be  ascertained  [by  a  jury,  or  by  not  less 
than  three  commissioners  appointed  by  a  court  of  record]  byjhe 
supreme  court  with  or  without  a  jury  as  shall  be  prescribed  by  law. 
Private  roads  may  be  opened  in  the  manner  to  be  prescribed  by 
law;  but  in  every  case  the  necessity  of  the  road  and  [the  amount 
of]  all  damage  to  be  sustained  by  the  opening  thereof  shall  be  first 
determined  by  a  jury  of  freeholders,  and  such  amount,  together 
with  the  expenses  of  the  proceeding,  shall  be  paid  by  the  person  to 
be  benefited.  General  laws  may  be  passed  permitting  the  owners 
or  occupants  of  agricultural  lands  to  construct  and  maintain  for 
the  drainage  thereof,  necessary  drains,  ditches,  and  dikes  upon  the 
lands  of  others,  under  proper  restrictions  and  with  just  compensa- 
tion, but  no  special  laws  shall  be  enacted  for  such  purposes. 

1910.     S.  No.  389  (Int.  376). 
S.  J.  160. 

2.     Condemnation  proceedings  —  land  court  in  first  and  second  departments 

§  7.  Except  as  hereinafter  provided,  [WJwhen  private  property 
shall  be  taken  for  any  public  use,  the  compensation  to  be  made 
therefor,  when  such  compensation  is  not  made  by  the  state,  shall 
be  ascertained  by  a  jury,  or  by  not  less  than  three  commissioners 
appointed  by  a  court  of  record,  as  shall  be  prescribed  by  law[.], 
provided  however,,  in  the  first  and  second  judicial  departments  of 
the  state,  as  at  present  or  hereafter  constituted,  there  shall  be 
constituted  a  land  court  composed  of  justices  of  the  supreme  court, 
resident  therein,  to  be  designated  by  the  governor  to  hold  such 
court  for  such  period  of  service  therein  as  he  shall  by  certificate 
appoint  therein.  The  said  land  court  shall  consist  of  three  jus- 
tices and  the  concurrence  of  two  shall  be  necessary  for  any  award, 
finding,  decision  or  judgment  or  upon  any  other  matter  coming 
before  the  court.  The  governor  may  designate  that  one  or  more 
parts  of  said  land  court  be  held  and  shall  designate  the  justice 
of  such  additional  part  or  parts  of  said  court.  In  proceedings 
taken  under  this  section  the  land  court  of  the  department  wherein 
the  proceedings  are  instituted  shall  have  exclusive  jurisdiction 
to  hear,  try  and  determine  all  questions  arising  in  or  out  of  the 
proceedings  ivithout  regard  to  the  county  in  which  the  land  or 
PART  II  —  2 


12  NEW  YOKE:  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  I,  §  7 

property  is  situated  or  in  which  the  owners  or  parties  reside  or 
in  which  a  right  or  cause  of  action  or  claim  arose.  Private  roads 
may  be  opened  in  the  manner  to  be  prescribed  by  law;  but  in 
every  case  the  necessity  of  the  road  and  [the  amount  of]  all  dam- 
age to  be  sustained  by  the  opening  thereof  shall  be  first  determined 
by  a  jury  of  freeholders,  and  such  amount,  together  with  the  ex- 
penses of  the  proceeding,  shall  be  paid  by  the  person  to  be  bene- 
fited. General  laws  may  be  passed  permitting  the  owners  or  occu- 
pants of  agricultural  lands  to  construct  and  maintain  for  the 
drainage  thereof,  necessary  drains,  ditches  and  dikes  upon  the 
lands  of  others,  under  proper  restrictions  and  with  just  compensa- 
tion, but  no  special  laws  shall  be  enacted  for  such  purposes. 

1910.     S.  No.  94  (Int.  94). 
S.  J.  39,  1717. 

3.    Drainage  of  private  lands  constituted  a  public  use 

§7.  (Proposal  to  add  the  following:)  and  the  drainage  of 
private  land  for  the  improvement  thereof  is  hereby  constituted 
a  public  use,  for  which  land  may  be  acquired  for  just  compensa- 
tion and  the  expense  assessed  to  the  persons  or  property  benefited, 
by  the  state  or  a  municipality,  under  appropriate  laws. 

1909.  A.  No.  543  (Int.  279).  To  Sec.  of  State. 

A.  J.  161,  308,  945,  1017,  1044,  1052,  1111,  2237. 
S.  J.  613,  823,  921,  1071. 

§  7.  (Proposal  to  add  the  following:)  and  the  drainage  of  any 
swamp  or  bog,  or  of  any  low  or  wet  lands,  for  the  purpose  of  mak- 
ing the  same  available  or  better  fitted  for  the  agricultural,  resi- 
dential or  business  use  of  owners  or  occupants  thereof,  is  hereby 
constituted  and  declared  to  be,  of  itself,  a  sufficient  public  use,  for 
which  land  or  easements  therein  tnay  be  acquired,  by  the  state  or 
a  municipality,  for  just  compensation  and  for  which  the  cost  of 
any  lands  or  easements  thus  acquired  and  the  expense  of  con- 
structing and  maintaining  the  necessary  drains^  ditches,  dykes  and 
other  suitable  appliances  may  be  assessed  against  the  persons  and 
property  benefited,  by  the  state  or  a  municipality,  under  appro- 
priate general  laws. 

1910.  S.  No.  805  (Int.  744).  ('Same  as  A.  No.  2245.) 

S.  J.  435,  1468,  1730,  1743,  1887. 
A.  J.  3495. 

A.  No.  2245  (Int.  1170).  (Same  as  S.  No.  805.) 
A.  J.  910,  1827,  1920,  1950,  2082,  2179. 
S.  J.  1065. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         13 

Article  I,  $  9 

§  7.  When  private  property  shall  be  taken  for  any  public  use, 
the  compensation  to  be  made  therefor,  when  such  compensation  is 
not  made  by  the  state,  shall  be  ascertained  by  a  jury,  or  by  not  less 
than  three  commissioners  appointed  by  a  court  of  record,  as  shall 
be  prescribed  by  law.  Private  roads  may  be  opened  in  the  manner 
to  be  prescribed  by  law ;  but  in  every  case  the  necessity  of  the  road 
and  the  amount  of  all  damage  to  be  sustained  by  the  opening 
thereof  shall  be  first  determined  by  a  jury  of  freeholders,  and  such 
amount,  together  with  the  expenses  of  the  proceeding,  shall  be  paid 
by  the  person  to  be  benefited.  The  drainage  of  private  land  for 
the  improvement  thereof  is  hereby  constituted  a  public  use,  for 
which  land  may  be  acquired  for  just  compensation,  and  the  expense 
assessed  to  the  persons  or  property  benefited.  General  laws  may 
be  passed  permitting  the  owners  or  occupants  of  agricultural  lands 
to  construct  and  maintain  for  the  drainage  thereof,  necessary 
drains,  ditches  and  dykes  upon  the  lands  of  others,  [under  proper 
restrictions,  and  with  just  compensation,  but  no  special  laws  shall 
be  enacted  for  such  purposes.]  but  the  necessity  for  such  drainage 
and  the  amount  of  all  damage  to  be  sustained  thereby  shall  be  first 
determined  by  a  jury,  or  by  not  less  than  three  commissioners 
appointed  by  a  court  of  record,  and  such  amount,  together  with  the 
expenses  of  the  proceeding,  shall  be  paid  by  the  persons  to  be 
benefited. 

1913.     S.  No.  1184  (Int.  1037).     (Same  as  A.  No.  1382.) 

S.  J.  440. 

A.  No.  1382  (Int.  1271).     (Same  as  S.  No.  1184.) 
A.  J.  608. 

§  9.  No  law  shall  be  passed  abridging  the  right  of  the  people 
peaceably  to  assemble  and  to  petition  the  government,  or  any 
department  thereof;  nor  shall  any  divorce  be  granted  otherwise 
than  by  due  judicial  proceedings;  nor  shall  any  lottery  or  the 
sale  of  lottery  tickets,  pool-selling,  book  making,  or  any  other  kind 
of  gambling  hereafter  be  authorized  or  allowed  within  this  State ; 
and  the  Legislature  shall  pass  appropriate  laws  to  prevent  offenses 
against  any  of  the  provisions  of  this  section. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Bucket  shops  —  buying  on  margin  —  dealing  in  futures 

§  9.  No  law  shall  be  passed  abridging  the  right  of  the  people 
peaceably  to  assemble  and  to  petition  the  government,  or  any  de- 
partment thereof ;  nor  shall  any  divorce  be  granted  otherwise  than 


14  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  I,   §   9 

by  due  judicial  proceedings;  nor  shall  any  lottery  or  the  sale  of 
lottery  tickets,  pool-selling,  book-making,  'bucket-shops,  buying  of 
stocks,  grain,  cotton  or  produce  on  margin,  or  dealing  in  futures, 
or  any  other  kind  of  gambling  hereafter  be  authorized  or  allowed 
within  this  state;  and  the  legislature  shall  pass  appropriate  laws 
to  prevent  offenses  against  any  of  the  provisions  of  this  section. 

1908.  A.  No.  891  (Int.  770). 

A.  J.  361. 

2.  Purchase  or  sale  of  securities  on  margin 

§  9.  No  law  shall  be  passed  abridging  the  right  of  the  people 
peaceably  to  assemble  and  to  petition  the  government,  or  any  de- 
partment thereof;  nor  shall  any  divorce  be  granted  otherwise  than 
by  due  judicial  proceedings;  nor  shall  the  purchase  or  sale  of 
stocks,  bonds  or  any  investment  securities  on  margin,  or  any  lottery 
or  the  sale  of  lottery  tickets,  pool-selling,  book-making,  or  any 
other  kind  of  gambling  hereafter  be  authorized  or  allowed  within 
this  state ;  and  the  legislature  shall  pass  appropriate  laws  to  prevent 
offenses  against  any  of  the  provisions  of  this  section. 

1909.  S.  No.  177  (Int.  175). 

.'S,  J.  67. 

1910.  S.  No.  27  (Int.  27). 

S.  J.  15. 

3.  No  discrimination  favoring  any  gambling  place 

§  9.  (Proposal  to  add  the  following:)  but  no  law  shall  be  en- 
acted granting  or  allowing  any  discrimination  of  offenses  or  pen- 
alties in  favor  of  any  place  of  sale  of  lottery  tickets,  pool-selling, 
book-making,  or  any  other  kind  of  gambling. 

1908.     S.  No.  734  (Int.  611).     (Same  as  A.  No.  1566.) 

S.  J.  348. 

A.  No.  1566  (Int.  1228).-     (Same  as  S.  No.  734.) 
A.  J.  966. 

§  16.  Such  parts  of  the  common  law,  and  of  the  acts  of  the 
Legislature  of  the  colony  of  New  York,  as  together  did  form  the 
law  of  the  said  colony,  on  the  nineteenth  day  of  April,  one  thou- 
sand seven  hundred  and  seventy  five,  and  the  resolutions  of  the 
Congress  of  the  said  colony,  and  of  the  convention  of  the  State 
of  New  York,  in  force  on  the  twentieth  day  of  April,  one  thousand 
seven  hundred  and  seventy-seven,  which  have  not  since  expired, 
or  been  repealed  or  altered;  and  such  acts  of  the  Legislature  of 
this  State  as  are  now  in  force,  shall  be  and  continue  the  law  of 
this  State,  subject  to  such  alterations  as  the  Legislature  shall 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         15 

Article  I,  §  19 

make  concerning  the  same.  But  all  such  parts  of  the  common  law, 
and  such  of  the  said  acts,  or  parts  thereof,  as  are  repugnant  to 
this  Constitution,  are  hereby  abrogated. 

AMENDMENT  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum,  and  the  recall  of  elective  officers,  see  p.  293.) 

AMENDMENT    SUBMITTED    TO    THE    PEOPLE    AND    ADOPTED 

§  19.  Nothing  contained  in  this  constitution  shall  be  construed 
to  limit  the  power  of  the  legislature  to  enact  laws  for  the  protec- 
tion of  the  lives,  health,  or  safety  of  employees  ;  or  for  the  pay- 
ment,  either  by  employers,  or  by  employers  and  employees  or 
otherwise,  either  directly  or  through  a  state  or  other  system  of 
insurance  or  otherwise,  of  compensation  for  injuries  to  employees 
or  for  death  of  employees  resulting  from  such  injuries  without 
regard  to  fault  as  a  cause  thereof,  except  where  the  injury  is 
occasioned  by  the  willful  intention  of  the  injured  employee  to 
bring  about  the  injury  or  death  of  himself  or  of  another,  or  where 
the  injury  results  solely  from  the  intoxication  of  the  injured 
employee  while  on  duty;  or  for  the  adjustment,  determination 
and  settlement,  with  or  without  trial  by  jury,  of  issues  which  may 
arise  under  such  legislation  ;  or  to  provide  that  the  right  of  such 
compensation,  and  the  remedy  therefor  shall  be  exclusive  of  all 
other  rights  and  remedies  for  injuries  to  employees  or  for  death 
resulting  from  such  injuries;  or  to  provide  that  the  amount  of 
such  compensation  for  death  shall  not  exceed  a  fixed  or  determi- 
nable  sum;  provided  that  all  moneys  paid  by  an  employer  to  his 


employees  or  their  legal  representatives,  by  reason  of  the 
ment  of  any  of  the  laws  herein  authorized,  shall  be  held  to  be  a 
proper  charge  in  the  cost  of  operating  the  business  of  the  em- 
ployer. 

1912.     S.  No.  968   (Int.  193).     To  A.     Amended,  A.  No.  1974.     (Same  as 

A.  No.  1586.)     To  Sec.  of  State. 
S.  J.  50,  378,  624,  1368,  1413. 
A.  J.  1615,  1618,  2033,  2349. 
A.  No.  1586  (Int.  118).     (Same  as  S.  No.  968  as  amended,  A.  No. 

1974.)     To  S. 

A.  J.  50,  449,  '94'2,  1158,  1261,  1294,  1470,  1492,  1507,  1573. 
S.  J.  950. 


16  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  I,  §  19 

1913.    S.  No.  1521  (Int.  116).     (Same  as  A.  No.  409.)      To  Sec.  of  State. 
S.  J.  41,  591,  686,  849,  1147,  1148. 
A.  J.  1541,  1927,  2051. 
A.  No.  409  (Int.  407).     ('Same  as  S.  No.  1521.) 

A.  J.  121,  1644,  1717,  1808,  1948. 
Adopted  Nov.  4,  1913. 

Vote:    for,  510,914;  against,  194,497. 

(For  other  proposals  authorizing  a  workmen's  compensation  law,  see 
amendments  proposed  to  Art.  I,  §  6,  p.  7,  Art.  I,  $  19,  next  following,  and 
Art.  Ill  adding  §  30,  p.  80.) 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Workmen's  compensation 

§  19.  (Proposal  to  add  the  following  new  section:)  The  legis- 
lature may  require  employers,  or  employers  and  employees 
jointly,  to  make  provision  for,  and  to  pay  reasonable  compensa- 
tion, regardless  of  fault,  to  employees  on  account  of  injuries  suf- 
fered by  them  arising  out  of  and  in  course  of  the  employment,  or 
to  the  dependents  of  any  such  employees  dying  from  such  injury. 

To  assure  the  payment  of  such  compensation  the  legislature 
may  prescribe  or  approve  methods  of  insurance  which  may  or  may 
not  include  the  mutual  association  of  persons  responsible  for,  or 
of  persons  entitled  to  such  compensation,  or  both,  with  or  without 
others.  Any  employer  so  insured  may  be  relieved  from  personal 
responsibility  for  such  compensation. 

After  the  enactment  of  a  compensation  law  no  civil  proceeding, 
other  than  as  authorized  by  such  law,  shall  be  maintainable  in 
respect  of  any  accident  covered  thereby. 

In  the  exercise  of  the  powers  herein  conferred  the  legislature 
shall  not  be  affected  by  provisions  of  this  constitution  requiring 
trial  by  jury  and  forbidding  limitation  of  the  amount  recoverable 
in  the  case  of  an  injury  resulting  in  death. 

1912.     A.  No.  618  (Int.  596). 

A.  J.  176. 

(For  other  proposals  authorizing  a  workmen's  compensation  law,  see 
amendments  proposed  to  Art.  I,  $  6,  p.  7,  and  Art.  Ill,  §  30,  p.  80.) 

2.  Employers'  liability 

§  19.  (Proposal  to  add  the  following  new  section:)  The  legis- 
lature shall  have  power  to  provide  that  in  every  employment 
involving  the  rendition  of  personal  service  the  employer  shall 
be  deemed  to  assume  all  risk  of  hazard  and  injury  to  the  employee 
in  such  employment  and  directly  liable  therefor,  and  that  such 
liability  cannot  be  waived.  The  legislature  shall  regulate  and 
define  the  maximum  compensation  for  such  injuries.  The  right 
to  recover  under  such  statutory  provision  shall  be  independent 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         17 

Article  I,  §  20 

of  existing  remedies,  and  special  proceedings  may,  in  the  discre- 
tion of  the  legislature,  be  provided  therefor.  The  legislature 
may  designate  dependent  persons  who  shall  be  entitled  to  recover 
such  compensation  for  injuries  resulting  in  death  of  the  employee, 
in  preference  to  personal  representatives  of  the  decedent  who 
might  otherwise  be  entitled  to  recover  the  same. 

1912.  A.  No.  247  (Int.  247). 

A.  J.  79. 

1913.  A.  No.  50  (Int.  50). 

A.  J.  39. 

3.  Abolishing  death  penalty 

§  19.  (Proposal  to  add  the  following  new  section:)  The  death 
penalty  for  the  commission  of  crime  is  abolished,  and  every  crime 
now  punishable  by  death,  shall  hereafter  be  punished  by  im- 
prisonment in  a  state  prison  for  the  offender's  natural  life. 

1900.     A.  No.  976  (Int.  851). 
A.  J.  537. 

4.  Natural  resources  —  alienation 

§  19.  (Proposal  to  add  the  following  new  section:)  All  lands, 
mineral  rights,  water  powers,  and  other  natural  resources  and 
sources  of  natural  wealth  within  the  state,  which  are  now  or  may 
hereafter  become  the  property  of  the  state,  shall  remain  forever 
the  property  of  the  state,  and  shall  not  be  alienated. 

1912.     A.  No.  1618  (Int.  1375). 
A.  J.  934. 

5.  Lease  of  state  lands 

§  20.  (Proposal  to  add  the  following  new  section :)  The  lands 
of  the  state  which  are  suitable  for  agriculture  or  dwellings  may 
be  leased  or  rented  to  private  persons  on  terms  to  be  fixed  by  the 
legislature  or  by  the  agents  provided  by  statute  for  the  proper 
handling  of  the  same;  but  they  shall  not  ever  be  permanently 
alienated  from  the  possession  of  the  state. 

1912.     A.  No.  1618   (Int.  1375). 
A.  J.  934. 

6.  Minimum  wage 

§  20.  (Proposal  to  add  the  following  new  section:)  The 
legislature  shall  have  power  to  pass  laws  for  the  establishment, 
throughout  the  state,  of  a  minimum  wage  scale  for  laborers,  and 
for  the  creation  of  a  permanent  commission  to  fix  the  minimum 
standard  of  wages  paid  to  all  laborers  within  this  state,  and  to 
supervise  and  enforce  the  same. 

1914.  A.  No.  573   (Int.  562). 

A.  J.  207. 


18  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  I,  §  21 

7.    Mineral  rights 

§  21.  (Proposal  to  add  the  following  new  section:)  All 
mineral  rights  hitherto  reserved  in  contracts,  deeds,  or  instru- 
ments  conveying  real  estate  are  abolished  and  shall  be  inoperative 
after  January  first,  nineteen  hundred  and  twenty,  and  are  de- 
clared to  inhere  in  the  state  except  where  such  mineral  rights  have 
been  developed  in  whole  or  in  part  previous  to  January  first,  nine- 
teen hundred  and  twenty.  Persons  forfeiting  rights  to  the  state 
under  the  provisions  of  this  section  shall  be  duly  compensated 
therefor  by  the  state  in  such  manner  as  the  legislature  may  pro- 
vide, provided  that  the  claim  therefor  is  filed  with  the  secretary 
of  state  on  or  before  January  first,  nineteen  hundred  and  twenty, 
which  claim  shall  set  forth  in  detail  the  damage  suffered. 

1912.     A.  No.  1618  (Int.  1375). 
A.  J.  934. 


ARTICLE  II 

§  1.  Every  male  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant 
of  this  State  one  year  next  preceding  an  election,  and  the  last 
four  months  a  resident  of  the  county  and  for  the  last  thirty  days 
a  resident  of  the  election  district  in  which  he  may  offer  his  vote, 
shall  be  entitled  to  vote  at  such  election  in  the  election  district 
of  which  he  shall  at  the  time  be  a  resident,  and  not  elsewhere,  for 
all  officers  that  now  are  or  hereafter  may  be  elective  by  the  peo- 
ple ;  and  upon  all  questions  which  may  be  submitted  to  the  vote 
of  the  people,  provided  that  in  time  of  war  no  elector  in  the  actual 
military  service  of  the  State,  or  of  the  United  States,  in  the  army 
or  navy  thereof,  shall  be  deprived  of  his  vote  by  reason  of  his 
absence  from  such  election  district ;  and  the  Legislature  shall  have 
power  to  provide  the  manner  in  which  and  the  time  and  place  at 
which  such  absent  electors  may  vote,  and  for  thes  return  and  can- 
vass of  their  votes  in  the  election  districts  in  which  they  re- 
spectively reside. 

AMENDMENT  TO  BE  SUBMITTED  TO  THE  PEOPLE  IN  1915 
1.    Woman  suffrage 

§  1.  Every  [male]  citizen  of  the  age  of  twenty-one  years, 
who  shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914        19 

Article  II,  §  1 

of  this  state  one  year  next  preceding  an  election,  and  for  the  last 
four  months  a  resident  of  the  county  and  for  the  last  thirty  days 
a  resident  of  the  election  district  in  which  he  or  she  may  offer  his 
or  her  vote,  shall  be  entitled  to  vote  at  such  election  in  the  elec- 
tion district  of  which  he  or  she  shall  at  the  time  be  a  resident,  and 
not  elsewhere,  for  all  officers  that  now  are  or  hereafter  majM^e 
elective  by  the  people,  and  upon  all  questions  which  may  be  sub- 
mitted to  the  vote  of  the  people,  provided  that  a  citizen  by  mar- 
riage shall  have  been  an  inhabitant  of  the  United  States  for  five 
years;  and  provided  that  in  time  of  war  no  elector  in  the  actual 
military  service  of  the  state,  or  of  the  United  States,  in  the 
army  or  navy  thereof,  shall  be  deprived  of  his  or  her  vote  by 
reason  of  his  or  her  absence  from  such  election  district;  and 
the  legislature  shall  have  power  to  provide  the  manner  in  which 
and  the  time  and  place  at  which  such  absent  electors  may  vote, 
and  for  the  return  and  canvass  of  their  votes  in  the  election 
districts  in  which  they  respectively  reside. 

1913.     S.  No.  236  (Int.  5).    To  Sec.  of  State. 

S.  j.  11,  36,  45,  61,  76,  100,  101,  116. 

A.  J.  170,  171. 
1915.  A.  No.  13  (Int.  13).  (Substituted  for  S.  No.  209.)  To  Sec.  of  State. 

A.  J.  30,  110,  133.  175. 

S.  J.  132,  136. 
S.  No.  209   (Int.  189).     (A.  No.  13  substituted.) 

S.  J.  59,  68,  124. 


AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Woman  suffrage 

§  1.  Every  [male]  citizen  of  the  age  of  twenty-one  years, 
who  shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant  of 
this  state  one  year  next  preceding  an  election,  and  for  the  last  four 
months  a  resident  of  the-  county,  and  for  the  last  thirty  days  a 
resident  of  the  election  district  in  which  he  may  offer  his  vote,  shall 
be  entitled  to  vote  at  such  election  in  the  election  district  of  which 
he  shall  at  the  time  be  a  resident,  and  not  elsewhere,  for  all  officers 
that  now  are  or  hereafter  may  be  elective  by  the  people,  and  upon 
all  questions  which  may  be  submitted  to  the  vote  of  the  people, 
provided  that  in  time  of  war  no  elector  in  the  actual  military  serv- 
ice of  the  State,  or  of  the  United  States,  in  the  army  or  navy 
thereof,  shall  be  deprived  of  his  vote  by  reason  of  his  absence  from 


20  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  II,  §  1 

such  election  district;  and  the  legislature  shall  have  power  to  pro- 
vide the  manner  in  which  and  the  time  and  place  at  which  such 
absent  electors  may  vote,  and  for  the  return  and  canvass  of  their 
votes  in  the  election  districts  in  which  they  respectively  reside. 

1897.  S.  No.  442  (Int.  412).  (Same  as  A.  No.  917.) 

S.  J.  175. 

A.  No.  917  (Int.  799).  (Same  as  S.  No.  442.) 
A.  J.  490. 

1898.  A.  No.  181  (Int.  181). 

A.  J.  79. 

1906.  S.  No.  471  (Int.  422).  (Same  as  A.  No.  990.) 

S.  J.  219. 

A.  No.  990  (Int.  829).  ('Same  as  S.  No.  471.) 
A.  J.  565. 

1907.  S.  No.  125  (Int.  123).     (Same  as  A.  No.  190.) 

S.  J.  44. 

A.  No.  190  (Int.  190).     (Same  as  S.  No.  125.) 
A.  J.  58. 

1908.  S.  No.  145  (Int.  144).     (Same  as  A.  No.  867.) 

S.  J.  47. 

A.  No.  867  (Int.  769).     (Same  as  S.  No.  145.) 
A.  J.  361. 

1909.  S.  No.  143  (Int.  142).  (Same  as  A.  No.  506.) 

S.  J.  44. 

A.  No.  506  (Int.  271).  (Same  as  S.  No.  143.) 
A.  J.  159,  281. 

1910.  S.  No.  24  (Int.  24).  (Same  as  A.  No.  349.) 

S.  J.  14,  1764,  1915. 

A.  No.  349  (Int.  333).  (Same  as  S.  No.  24.) 
A.  J.  121,  2082. 

1911.  S.  No.  55  (Int.  55).  (Same  as  A.  No.  86.) 

S.  J,  32,  578. 

A.  No.  86  (Int.  86).  (Same  as  S.  No.  55.)  ' 
A.  J.  59,  2009. 

§  1.  Every  [male];  citizen,  except  as  hereinafter  provided.,  of 
the  age  of  twenty-one  years,  who  shall  have  heen  a  citizen  for 
ninety  days,  and  an  inhabitant  of  this  state  one  year  next  pre- 
ceding an  election,  and  for  the  last  four  months  a  resident  of  the 
county,  and  for  the  last  thirty  days  a  resident  of  the  election 
district  in  which  he  may  offer  his  vote,  shall  be  entitled  to  vote 
at  such  election  in  the  election  district  of  which  he  shall  at  the 
time  be  a  resident,  and  not  elsewhere,  for  all  officers  that  now  are 
or  hereafter  may  be  elective  by  the  people,  and  upon  all  questions 
which  may  be  submitted  to  the  vote  of  the  people,  provided  that 
in  time  of  war  no  elector  in  the  actual  military  service  of  the 
state,  or  of  the  United  States,  in  the  army  or  navy  thereof,  shall 
be  deprived  of  his  vote  by  reason  of  his  absence  from  such  election 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         21 

Article  II,  §  1 

district ;  and  the  legislature  shall  have  power  to  provide  the  manner 
in  which  and  the  time  and  place  at  which  such  absent  electors 
may  vote,  and  for  the  return  and  canvass  of  their  votes  in  the 
election  districts  in  which  they  respectively  reside.  The  fore- 
going provisions  of  this  section  shall  not  apply  to  a  female  whose 
citizenship  is  derived  solely  by  marriage  with  a  citizen  and  who 
does  not  possess  like  qualifications  as  are  required  by  law  to  en- 
title an  alien  male  person  to  become  a  citizen.  The  legislature 
shall  by  law  provide  the  manner  in  which  such  qualifications  of 
such  female  citizen  shall  be  ascertained.  No  other  or  further 
qualifications  of  such  citizen  shall  be  required  than  are  required 
of  a  male  alien  to  become  a  citizen* 

1911.  S.  No.  4  (Int.  4).  (Same  as  A.  No.  87.) 

S.  J.  10. 

A.  No.  87  (Int.  87).  ('Same  as  S.  No.  4.) 
A.  J.  60,  2009. 

§  1.  Every  [male]  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  citizen  for  ninety  days,  except  that  a  citizen  by 
marriage  only  shall  have  been  a  resident  for  five  years,  and  an 
inhabitant  of  this  state  one  year  next  preceding  an  election,  and 
for  the  last  four  months  a  resident  of  the  county,  and  for  the  last 
thirty  days  a  resident  of  the  election  district  in  which  [he]  such 
citizen  may  offer  his  or  her  vote,  shall  be  entitled  to  vote  at  such 
election  in  the  election  district  of  which  he  or  she  shall  at  the  time 
be  a  resident,  and  not  elsewhere,  for  all  officers  that  now  are  or 
hereafter  may  be  elective  by  the  people,  and  upon  all  questions 
which  may  be  submitted  to  the  vote  of  the  people,  provided  that 
in  time  of  war  no  elector  in  the  actual  military  service  of  the  state, 
or  of  the  United  States,  in  the  army  or  navy  thereof,  shall  be 
[deprived  of  his  vote]  prevented  from  voting  by  reason  of  his  or 
her  absence  from  such  election  district ;  and  the  legislature  shall 
have  power  to  provide  the  manner  in  which  and  the  time  and  place 
at  which  such  absent  electors  may  vote,  and  for  the  return  and 
canvass  of  their  votes  in  the  election  districts  in  which  they 
respectively  reside. 

1912.  A.  No.  1991  (Int.  573). 

A.  J.  173,  1107,  1253,  1299,  1874,  2119,  2138,  2151. 

§  1.  Every  [male]  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant  of  this 
State  one  year  next  preceding  an  election,  and  for  the  last  four 


22  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  II,  §  I 

months  a  resident  of  the  county,  and  for  the  last  thirty  days  a 
resident  of  the  election  district  in  which  [he]  sucli  citizen  may 
offer  his  *or  or  her  vote,  shall  be  entitled  to  vote  at  such  election  in 
the  election  district  of  which  he  or  she  shall  at  the  time  be  a  resi- 
dent, and  not  elsewhere,  for  all  officers  that  now  are  or  hereafter 
may  be  elective  by  the  people ;  and  upon  all  questions  which  may 
be  submitted  to  the  vote  of  the  people,  provided  that  in  time  of 
war  no  elector  in  the  actual  military  service  of  the  state,  or  of 
the  United  States,  in  the  army  or  navy  thereof,  shall  be  [deprived 
of  his  vote]  prevented  from  voting  by  reason  of  his  or  her  ab- 
sence from  such  election  district;  and  the  legislature  shall  have 
power  to  provide  the  manner  in  which  and  the  time  and  place  at 
which  such  absent  electors  may  vote,  and  for  the  return  and  can- 
vass of  their  votes  in  the  election  districts  in  which  they  respect- 
ively reside[.]  but  a  citizen  by  marriage  only  shall  not  be  entitled 
to  vote,,  unless  she  shall  have  made  it  appear  to  the  satisfaction  of  a 
court  authorized  to  issue  certificates  of  naturalization  that  she  has 
resided  within  the  United  States  five  years,  within  the  state  or 
territory  where  such  court  is  held  one  year,  and  that  during  that 
time  she  has  behaved  as  a  person  of  good  moral  character,  attached 
to  the  principles  of  the  constitution,  and  well  disposed  to  the  good 
order  and  happiness  of  the  same. 

1913.     A.  No.  9  (Int.  9). 
A.  J.  33. 

§  1.  Every  [male]  citizen  of  the  age  of  twenty-one  years, 
who  shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant 
of  this  state  one  year  next  preceding  an  election,  and  for  the  last 
four  months  a  resident  of  the  county  and  for  the  last  thirty  days 
a  resident  of  the  election  district  in  which  he  or  she  may  offer  his 
or  her  vote,  shall  be  entitled  to  vote  at  such  election  in  the  election 
district  of  which  he  or  she  shall  at  the  time  be  a  resident,  and 
not  elsewhere,  for  all  officers  that  now  are  or  hereafter  may  be 
elective  by  the  people,  and  upon  all  questions  which  may  be  sub- 
mitted to  the  vote  of  the  people,  provided  that  in  time  of  war  no 
elector  in  the  actual  military  service  of  the  state,  or  of  the  United 
States,  in  the  army  or  navy  thereof,  shall  be  deprived  of  his  or 
her  vote  by  reason  of  his  or  her  absence  from  such  election  dis- 
trict ;  and  the  legislature  shall  have  power  to  provide  the  manner 
in  which  and  the  time  and  place  at  which  such  absent  electors 


So  in  original. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         23 

Article  II,  §  1 

may  vote,  and  for  the  return  and  canvass  of  their  votes  in  the 
election  districts  in  which  they  respectively  reside. 

1913.     A.  No.  143  (Int.  30).     To  S. 

A.  J.  36,  53,  66,  75,  111,  113,  123. 
S.  J.  84. 

2.  Woman  suffrage  —  time  of  residence  of  citizen  by  marriage 

§  1.  Every  [male],  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  citizen  for  ninety  days,  except  that  a  citizen  by 
marriage  only.,  shall  have  been  a  resident  of  the  United  States  for 
five  years,  and  an  inhabitant  of  this  State  one  year  next  preceding 
an  election,  and  for  the  last  four  months  a  resident  of  the  county, 
and  for  the  last  thirty  days  a  resident  of  the  election  district  in 
which  [he]  such  citizen  may  offer  his  or  her  vote,  shall  be  enti- 
tiled  to  vote  at  such  election  in  the  election  district  of  which  he 
or  she  shall  at  the  time  be  a  resident,  and  not  elsewhere,  for  all 
officers  that  now  are  or  hereafter  may  be  elective  by  the  people, 
and  upon  all  questions  which  may  be  submitted  to  the  vote  of  the 
people,  provided  that  in  time  of  war  no  elector  in  the  actual 
military  service  of  the  state,  or  of  the  United  States,  in  the  army 
or  navy  thereof,  shall  be  [deprived  of  his  vote]  prevented  from 
voting  by  reason  of  his  or  her  absence  from  such  election  district ; 
and  the  legislature  shall  have  power  to  provide  the  manner  in 
which  and  the  time  and  place  at  which  such  absent  electors  may 
vote,  and  for  the  return  and  canvass  of  their  votes  in  the  election 
districts  in  which  they  respectively  reside. 

1911.  S.  No.  420  (Int.  134).  (Same  as  A.  No.  655.) 

•S.  J.  59,  176,  1147,  2061,  2142,  2172. 
A.  No.  655  (Int.  620).  ('Same  as  S.  No.  420.) 
A.  J.  401,  2009. 

1912.  S.  No.  32  (Int.  32). 

S.  J.  11,  196,  688,  694. 

3.  Woman  suffrage  —  residence  —  citizenship 

§  1.  Every  [male]  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  resident  [citizen]  for  ninety  days,  and  an  in- 
habitant of  this  State  one  year  next  preceding  an  election,  and 
for  the  last  four  months  a  resident  of  the  county,  and  for  the  last 
thirty  days  a  resident  of  the  election  district  in  which  he  may  offer 
his  vote,  shall  be  entitled  to  vote  at  such  election  in  the  election 
district  of  which  he  shall  at  the  time  be  a  resident,  and  not  else- 
where, for  all  officers  that  now  are  or  hereafter  may  be  elective  by 
the  people,  and  upon  all  questions  which  may  be  submitted  to  the 


24  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  II,  §  1 

vote  of  the  people,  provided  that  in  time  of  war  no  elector  in 
the  actual  military  service  of  the  State,  or  of  the  United  States, 
in  the  army  or  navy  thereof,  shall  be  deprived  ol  his  vote  by 
reason  of  his  absence  from  such  election  district ;  and  the  legis- 
lature shall  have  power  to  provide  the  manner  in  which  and  the 
time  and  place  at  which  such  absent  electors  may  vote,  and  for 
the  return  and  canvass  of  their  votes  in  the  election  districts  in 
which  they  respectively  reside. 

1895.     A.  No.  2600  (Int.  437).     (Same  as  S.  No.  235.)     To  Sec.  of  State. 

A.  J.  127,  200,  866,  929,  1150,  1261,  1262,  3000,  3069,  3149,  3151, 

3163,  3258,  3869. 

S.  J.  713,  964,  1135,  1257,  1364,  1515. 
.8.  No.  235  (Int.  189).     ('Same  as  A.  No.  2600.) 
S.  J.  98,  124,  277. 

4.    Woman  suffrage  —  eligibility  of  women  to  school  offices 

§  1.  Every  [male]  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant  of 
this  state  one  year  next  preceding  an  election,  and  for  the  last 
four  months  a  resident  of  the  county,  and  for  the  last  thirty  days 
a  resident  of  the  election  district  in  which  he  may  offer  his  vote, 
shall  be  entitled  to  vote  at  such  election  in  the  election  district  of 
which  he  shall  at  the  time  be  a  resident,  and  not  elsewhere,  for 
all  officers  that  now  are  or  hereafter  may  be  elective  by  the  people, 
and  upon  all  questions  which  may  be  submitted  to  tne  vote  of  the 
people,  provided  that  in  time  of  war  no  elector  in  the  actual  mili- 
tary service  of  the  state,  or  of  the  United  States,  in  the  army  or 
navy  thereof,  shall  be  deprived  of  his  vote  by  reason  of  his  absence 
from  such  election  district;  and  the  legislature  shall  have  power 
to  provide  the  manner  in  which,  and  the  time  and  place  at  which 
such  absent  electors  may  vote,  and  for  the  return  and  canvass  of 
their  votes  in  the  election  districts  in  which  they  respectively 
reside.  The  legislature  may  confer  upon  the  female  citizens  of 
any  city  of  the  state  who  have  the  qualifications  as  to  age  and 
residence  required  herein  for  male  electors  the  right  to  vote  in  the 
election  districts  of  which  they  shall  at  the  time  be  residents  and 
not  elsewhere,  for,  and  make  them  eligible  to,  the  office  of  school 
commissioner  and  school  trustee  and  every  other  office  heretofore 
or  hereafter  created,  which  shall  confer  upon  the  officer  elected 
power  to  manage  and  control  any  public  school  or  schools. 

1904.     S.  No.  166  (Int.  166). 
S.  J.  51,  1261. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         25 

Article  II,  $  1 

5.  Woman  suffrage  —  votes  of  electors  in  service  of  state  during  war 

§•  1.  Every  [male]  citizen  at  the  age  of  twenty-one  years  or 
over,  who  shall  have  been  a  citizen  for  ninety  days,  and  an  in- 
habitant of  this  state  one  year  next  preceding  an  election,  and  for 
the  last  four  months  a  resident  of  the  county,  and  for  the  last 
thirty  days  a  resident  of  the  election  district  in  which  he  may 
offer  his  vote,  shall  be  entitled  to  vote  at  such  election  in  the  elec- 
tion district  of  which  he  shall  at  the  time  be  a  resident,  and  not 
elsewhere,  for  all  officers,  that  now  [are]  or  hereafter  may  be 
elective  by  the  people,  and  upon  all  questions  which  may  be  sub- 
mitted to  the  vote  of  the  people,  provided  that  in  time  of  war  no 
elector  in  the  actual  [military]  service  of  the  state,  or  of  the 
United  States,  in  the  army  or  navy  thereof,  shall  be  deprived  of 
his  vote  by  reason  of  his  absence  from  such  election  district ;  and 
the  legislature  shall  have  power  to  provide  the  manner  in  which 
and  the  time  and  place  at  which  such  absent  electors  may  vote, 
and  for  the  return  and  canvass  of  their  vote[s]  in  the  election 
districts  in  which  they  respectively  reside. 

1912.     A.  No.  377  (Int.  367). 
A.  J.  110. 

6.  Residence  qualification  of  voters  in  New  York  city 

§  1.  Every  male  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant  of 
this  state  one  year  next  preceding  an  election,  and  for  the  last 
four  months  a  resident  of  the  county,  except  that  in  the  city  of 
New  York,  he  shall  have  been  for  the  last  four  months  a  resident 
of  the  city  of  New  York,  and  for  the  last  thirty  days  a  resident  of 
the  election  district  in  which  he  may  offer  his  vote,  shall  be  entitled 
to  vote  at  such  election  in  the  election  district  of  which  he  shall 
at  the  time  be  a  resident,  and  not  elsewhere,  for  all  officers  that 
now  are  or  hereafter  may  be  elective  by  the  people,  and  upon  all 
questions  which  may  be  submitted  to  the  vote  of  the  people,  pro- 
vided that  in  time  of  war  no  elector  in  the  actual  military  service 
of  the  state,  or  of  the  United  States,  in  the  army  or  navy  thereof, 
shall  be  deprived  of  his  vote  by  reason  of  his  absence  from  such 
election  district;  and  the  legislature  shall  have  power  to  provide 
the  manner  in  which  and  the  time  and  place  at  which  such  absent 


26  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  II,  §  1 

electors  may  vote,  and  for  the  return  and  canvass  of  their  votes  in 
the  election  districts  in  which  they  respectively  reside. 

1911.     S.  No.  504  (Int.  470).     (Same  as  A.  No.  760.) 

S.  J.  218,  628,  813,  932. 

A.  No.  760  (Int.  698).     (Same  as  S.  No.  504.) 
A.  J.  446. 

7.  Voting  at  primaries  as  qualification  for  voting  at  election 

§  1.  Every  male  citizen  of  the  age  of  twenty -one  years,  who 
shall  have  heen  a  citizen  for  ninety  days,  and  an  inhabitant  of  this 
state  one  year  next  preceding  an  election,  and  for  the  last  four 
months  a  resident  of  the  county,  and  for  the  last  thirty  days  a 
resident  of  the  election  district  in  which  he  may  offer  his  vote, 
shall  be  entitled  to  vote  at  such  election  in  the  election  district  of 
which  he  shall  at  the  time  be  a  resident,  and  not  elsewhere,  for 
all  officers  that  now  are  or  hereafter  may  be  elective  by  the  people ; 
and  upon  all  questions  which  may  be  submitted  to  [thej  a  vote 
of  the  people,  provided  that  in  time  of  war  no  elector  in  the  actual 
military  service  of  the  state,  or  of  the  United  States,  in  the  army 
or  navy  thereof,  shall  be  deprived  of  his  vote  by  reason  of  his 
absence  from  such  election  district ;  and  the  legislature  shall  have 
power  to  provide  the  manner  in  which  and  the  time  and  place 
at  which  such  absent  electors  may  vote,  and  for  the  return  and 
canvass  of  their  votes  in  the  election  districts  in  which  they 
respectively  reside.  The  legislature  may  provide,  ~by  appropriate 
laivs,  that  any  person  who  has  enrolled  as  a  member  of  a  political 
party,  so  as  to  entitle  him  to  vote  at  the  primaries  of  such  party, 
who  fails  to  vote  at  the  primary  held  next  prior  to  a  general  elec- 
tion shall  be  disqualified  to  vote  at  such  general  election. 

1909.     A.  No.  668  (Int.  627). 
A.  J.  359. 

8.  Minority  or  proportional  representation 

§  1.  Every  male  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant  of  this 
state  one  year  next  preceding  an  election,  and  the  last  four  months 
a  resident  of  the  county,  and  for  the  last  thirty  days  a  resident  of 
the  election  district  in  which  he  may  offer  his  vote,  shall  be  entitled 
to  vote  at  such  election  in  the  election  district  of  which  he  shall 
at  the  time  be  a  resident,  and  not  elsewhere,  for  all  officers  that 
now  are  or  hereafter  may  be  elective  by  the  people ;  and  upon  all 
questions  which  may  be  submitted  to  the  vote  of  the  peoplef,]; 
the  legislature  may,  however,  enact  laws  which,  in  elections  by  the 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914        27 

Article  II,  §  3 

people,  for  offices  in  municipal  or  public  corporations  or  any  class 
of  such  corporations,  shall  provide  for  minority  or  proportional 
representation  in  such  elections.  [p]Provided  that  in  time  of  war 
no  elector  in  [the]  actual  military  service  of  the  state  or  of  the 
United  States,  in  the  army  or  navy  thereof,  shall  he  deprived  of 
his  vote  by  reason  of  his  absence  from  such  election  district ;  and 
the  legislature  shall  have  power  to  provide  the  manner  in  which 
and  the  time  and  place  at  which  such  absent  electors  may  vote, 
and  for  the  return  and  canvass  of  their  votes  in  the  election  dis- 
tricts in  which  they  respectively  reside. 

1897.     S.  No.  1012  (Int.  591).     (Same  as  A.  No.  1709.) 

S.  J.  345,  622,  639,  643. 

A.  No.  1709  (Int.  957).  (Same  as  S.  No.  1012.) 
A.  J.  787,  1688,  1741,  1761,  1794,  1832. 

§  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence,  by  reason  of  his  presence  or  ab- 
sence, while  employed  in  the  service  of  the  United  States;  nor 
while  engaged  in  the  navigation  of  the  waters  of  this  State,  or  of 
the  United  States,  or  of  the  high  seas ;  nor  while  a  student  of  any 
seminary  of  learning;  nor  while  kept  at  any  almshouse,  or  other 
asylum,  or  institution  wholly  or  partly  supported  at  public  ex- 
pense, or  by  charity ;  nor  while  confined  in  any  public  prison. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Vote  of  inmates  of  certain  state  homes 

§  3.  (Proposal  to  add  the  following:)  The  legislature  may, 
however,  provide  that  an  inmate  of  the  New  York  state  soldiers' 
and  sailors'  home  and  of  the  New  York  State  Women's  Relief 
Corps  Home,  who  possesses  the  qualifications  prescribed  by  section 
one  of  this  article,  except  the  qualification  of  residence,  and 
who  has  been  an  inmate  of  such  home  for  such  a  period  of  time  as 
would  have  qualified  him  to  vote  in  the  election  district  in  which 
such  home  is  located  if  he  had  resided  therein  for  such  period,  may 
vote  for  officers  of  the  state  or  of  the  United  States  in  the  election 
district  or  districts  in  which  such  home  is  located,  but  an  inmate 
so  voting  in  such  election  district  shall  not  vote  in  any  other  elec- 
tion district  of  the  state. 

1907.  A.  No.  1858  (Int.  1271).  To  Sec.  of  State. 

A.  J.  920,  1350,  2147,  2250,  2276,  2327,  2400,  4008. 
S.  J.  1207,  1914,  2181. 

§  3.  For  the  purpose  of  voting  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence,  by  reason  of  his  presence  or 


28  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  II,  §  4 

absence,  while  employed  in  the  service  of  the  United  States ;  nor 
while  engaged  in  the  navigation  of  [thej  waters  of  this  state,  or 
of  the  United  States,  or  of  the  high  seas ;  nor  while  a  student  of 
any  seminary  of  learning;  nor  while  kept  at  any  almshouse,  or 
other  [asylum,  or]  institution  wholly  or  partly  supported  [at] 
by  public  expense  or  by  charity ;  nor  while  confined  in  any  public 
prison.  The  legislature  may,  however,  provide  that  an  inmate  of 
the  New  York  state  soldiers  and  sailors'  home,  who  possesses 
the  qualification  of  residence,  and  who  has  been  an  inmate  of  such 
home  for  such  a  period  of  time  as  would  have  qualified  him  to  vote 
in  the  election  district  in  which  such  home  is  located  if  he  had 
resided  therein  for  such  period,  may  vote  for  officers  of  the  state 
or  of  the  United  States  in  the  election  district  or  districts  in  which 
such  home  is  located,  but  an  inmate  so  voting  in  such  election  dis- 
trict shall  not  vote  in  any  other  election  district  of  the  state. 

1909.     A.  No.  500  (Int.  477). 

A.  J.  265,  307,  325,  366,  446,  929. 
1911.     A.  No.  772  (Int.  705). 

A.  J.  467. 

§  4.  Laws  shall  be  made  for  ascertaining,,  by  proper  proofs,  the 
citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby  estab- 
lished, and  for  the  registration  of  voters ;  which  registration  shall 
be  completed  at  least  ten  days  before  each  election.  Such  regis- 
tration shall  not  be  required  for  town  and  village  elections  except 
by  express  provision  of  law.  In  cities  and  villages  having  five 
thousand  inhabitants  or  more,  according  to  the  last  preceding 
State  enumeration  of  inhabitants,  voters  shall  be  registered  upon 
personal  application  only;  but  voters  not  residing  in  such  cities  or 
villages  shall  not  be  required  to  apply  in  person  for  registration 
at  the  first  meeting  of  the  officers  having  charge  of  the  registry 
of  voters. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Registration  of  absent  electors 

§  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs,  the 
citizens  who,  shall  be  entitled  to  the  right  of  suffrage  hereby  estab- 
lished, and  for  the  registration  of  voters ;  which  registration  shall 
be  completed  at  least  ten  days  before  each  election.  Such  regis- 
tration shall  not  be  required  for  town  and  village  elections  except 
by  express  provision  of  law.  In  cities  and  villages  having  five 
thousand  inhabitants  or  more,  according  to  the  last  preceding 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         29 

Article  II,  §  4 

state  enumeration  of  inhabitants,  voters  shall  be  registered  upon 
personal  application  only[;],  except  that  where  registration  is 
permitted  on  two  or  more  days  the  legislature  may  provide,  that 
on  the  next  to  the  last  day  of  registration  a  duly  qualified  elector 
who  is  not  in  the  election  district  on  such  day  may  be  registered 
on  the  presentation  to  and  filing  with  the  inspectors  proof  in  writing 
of  his  qualification  as  such  elector,  personally  sworn  to  by  him 
within  thirty  days  next  preceding  such  election,,  and  certified  in 
the  same  manner  as  deeds  entitling  them  to  be  recorded;  but  voters 
not  residing  in  such  cities  or  villages  shall  not  be  required  to 
apply  in  person  for  registration  at  the  first  meeting  of  the  officers 
having  charge  of  the  registry  of  voters. 

1904.     A.  No.  642  (Int.  573). 
A.  J.  294. 

§  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs,  the 
citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby  estab- 
lished, and  for  the  registration  of  voters ;  which  registration  shall 
be  completed  at  least  ten  days  before  each  election.  Such  regis- 
tration shall  not  be  required  for  town  and  village  elections  except 
by  express  provision  of  law.  In  cities  and  villages  having  five 
thousand  inhabitants  or  more,  according  to  the  last  preceding 
State  enumeration  of  inhabitants,  voters  shall  be  registered  upon 
personal  application  only;  [but  voters  not  residing  in  such  cities 
or  villages  shall  not  be  required  to  apply  in  person  for  registration 
at  the  first  meeting  of  the  officers  having  charge  of  the  registry 
of  voters.]  except  that  the  legislature  shall  provide  by  law  for  the 
registration,  without  personal  application,,  of  electors  unable  to 
make  such  application  on  account  of  physical  inability,  or  neces- 
sary absence  from  the  county  and  city  of  their  residence,  pro- 
vided the  county  court  of  such  county  or  the  supreme  court  of  the 
judicial  district  embracing  such  county  shall  upon  satisfactory 
proof  make  an  order  directing  siidi  registration. 

1904.     A.  No.  1536  (Int.  480).     To  S. 

A.  J.  236,  1184,  1341,  1408,  1562,  1606,  1653. 
S.  J.  895,  1309. 

§  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs,  the 
citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby  estab- 
lished, and  for  the  registration  of  voters;  which  registration  shall, 
except  as  herein  otherwise  provided,  be  completed  at  least  ten  days 
before  each  election.  Such  registration  shall  not  be  required  for 


30  NEW  YOKE  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  II,  §  4 

town  and  village  elections  except  by  express  provision  of  law.  In 
cities  and  villages  having  five  thousand  inhabitants  or  more,  ac- 
cording to  the  last  preceding  state  ©numeration  of  inhabitants, 
voters  shall  be  registered  upon  personal  application  only[;],  ex- 
cept that  the  legislature  may,  by  laws  imposing  such  restrictions 
and  conditions  as  it  may  deem  appropriate,  permit  absent  em- 
ployees of  the  United  States,  residing  in  such  cities  or  villages,  to 
register  personally  on  the  day  of  election  without  previously  apply- 
ing in  person  on  the  usual  registration  days;  but  voters  not  residing 
in  such  cities  or  villages  shall  not  be  required  to  apply  in  person 
for  registration  at  the  first  meeting  of  the  officers  having  charge 
of  the  registry  of  voters. 

1910.     S.  No.  563  (Int.  525).     (Same  as  A.  No.  1178.) 

S.  J.  298. 

A.  No.  1178  (Int.  739).     (Same  as  S.  No.  563.)     To  S. 
A.  J.  405,  624,  662,  683,  755,  785,  832,  847,  849. 
S.  J.  399. 

§  4.  (Proposal  to  add  the  following:)  Provided  that  no 
elector  shall  lose  his  right  to  vote  because  temporarily  absent  on 
the  last  day  of  registration,  from  the  city  or  village  wherein  he 
resides,  and  the  legislature  shall  have  power  to  provide  the  man- 
ner in  which  such  absent  electors  may  register. 

1913.  A.  No.  58  (Int.  58).  To  S. 

A.  J.  43,  1644,  1715,  1808,  1938,  2004,  2191. 
S.  J.  1203. 

1914.  A.  No.  1406  (Int.  1272). 

A.  J.  794. 

§  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs, 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established,  and  for  the  registration  of  voters;  which  registration 
shall  be  completed  at  least  ten  days  before  each  election.  Such 
registration  shall  not  be  required  for  town  and  village  elections 
except  by  express  provision  of  law.  In  cities  and  villages  having 
five  thousand  inhabitants  or  more,  according  to  the  last  preceding 
state  enumeration  of  inhabitants,  voters  shall  be  registered  upon 
personal  application  only;  provided,  however,  that  commercial 
travelers  during  their  absence  from  home  in  the  performance  of 
their  duties  and  students  absent  from  home  and  attending  college 
and  electors  who  are,  by  reason  of  illness,  incapable  of  appearing 
in  person  to  be  registered,  may,  by  appropriate  laws  to  be  enacted 
by  the  legislature,  be  permitted  to  register  by  affidavit.  In  the  case 
of  commercial  travelers  and  students,  such  affidavit  shall  be  made 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         31 

Article  II,  §  4 

by  two  electors  residing  in  the  election  district,  and  in  the  case 
of  electors  incapacitated  by  illness  shall  be  made  by  a  physician  and 
one  elector  residing  in  the  election  district,  [but  voters]  Voters 
not  residing  in  such  cities  or  villages  shall  not  be  required  to  apply 
in  person  for  registration  at  the  first  meeting  of  the  officers  having 
charge  of  the  registry  of  voters. 

1913.     S.  No.  1318  (Int.  1143).     (Same  as  A.  No.  1722.) 

S.  J.  492. 

A.  No.  1722  (Int.  1549).     (Same  as  S.  No.  1318.) 
A.  J.  891. 

2.  Registration  for  all  elections 

§  4.  Laws  shall  he  made  for  ascertaining,  by  proper  proofs, 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established,  and  for  the  registration  of  voters ;  which  registration 
shall  be  completed  at  least  ten  days  before  each  election.  [Such 
registration  shall  not  be  required  for  town  and  village  elections 
except  by  express  provision  of  law.  In  cities  and  villages  having 
five  thousand  inhabitants  or  more,  according  to  the  last  preceding 
state  enumeration  of  inhabitants,  voters  shall  be  registered  upon 
personal  application  only;  but  voters  not  residing  in  such  cities 
or  villages  shall  not  be  required  to  apply  in  person  for  registration 
at  the  first  meeting  of  the  officers  having  charge  of  the  registry  of 
voters.] 

1910.  S.  No.  228  (Int.  226).     (Same  as  A.  No.  368.) 

S.  J.  83. 

A.  No.  368  (Int.  353).     (Same  as  S.  No.  228.) 
A.  J.  124. 

1911.  S.  No.  1944  (Int.  1524). 

S.  J.  1644. 

3.  Personal  registration  for  all  elections 

§•  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs, 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established,  and  for  the  registration  of  voters ;  which  registration 
shall  be  upon  personal  application  only  and  shall  be  completed  at 
least  ten  days  before  each  election.  [Such  registration  shall  not 
be  required  for  town  and  village  elections  except  by  express  pro- 
vision of  law.  In  cities  and  villages  having  five  thousand  inhabit- 
ants or  more,  according  to  the  last  preceding  state  enumeration  of 
inhabitants,  voters  shall  be  registered  upon  personal  application 
only;  but  voters  not  residing  in  such  cities  or  villages  shall  not 


32  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  II,  $  4 

be  required  to  apply  in  person  for  registration  at  the  first  meeting 
of  the  officers  having  charge  of  the  registry  of  voters]. 

1911.     A.  No.  2605  (Int.  990). 

A.  J.  733,  3940,  4102,  4174. 

4.  Personal  registration  of  all  electors 

§  4.  Laws  shall  be  made  for  ascertaining  by  proper  proofs, 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established,  and  for  the  registration  of  voters;  which  registration 
shall  be  completed  at  least  ten  days  before  each  election.  Such 
registration  shall  not  be  required  for  town  and  village  elections 
except  by  express  provision  of  law.  [In  cities  and  villages  having 
five  thousand  inhabitants  or  more,  according  to  the  last  preceding- 
state  enumeration  of  inhabitants,  voters]  Voters  shall  be  registered 
upon  personal  application  only[;  but  voters  not  residing  in  such 
cities  or  villages  shall  not  be  required  to  apply  in  person  for  regis- 
tration at  the  first  meeting  of  the  officers  having  charge  of  the 
registry  of  voters],. 

1911.     S.  No.  980  (Int.  868). 
S.  J.  529. 

5.  Provisional  registration 

§  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs, 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established,  and  for  the  registration  of  voters ;  which  registration 
shall  be  completed  at  least  ten  days  before  each  election[.],  ex- 
cept that  upon  the  filing  of  such  sworn  proofs  as  shall  be  required 
by  law,  electors  may  be  registered  provisionally;  which  provisional 
registration  shall  not  be  effective  unless  such  electors  shall  appear 
in  person  previous  to  election  day  before  the  officers  having  charge 
of  the  registry  of  voters.  Such  registration  shall  not  be  required 
for  town  and  village  [elections]  electors  except  by  express  pro- 
visions of  law.  In  cities  and  villages  having  five  thousand  inhab- 
itants or  more,  according  to  the  last  preceding  state  enumeration 
of  inhabitants,  voters  shall  be  registered  upon  personal  applica- 
tion only ;  but  voters  not  residing  in  such  cities  or  villages  shall  not 
be  required  to  apply  in  person  for  registration  at  the  first  meeting 
of  the  officers  having  charge  of  the  registry  of  voters. 

1904.     A.  No.  1186  (Int.  954). 
A.  J.  836,  1970,  2069. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914        33 

Article  II,  §  7 

6.  Conduct  of  elections  —  corrupt  practices 

§  7.  (Proposal  to  add  the  following  new  section:)  The  legis- 
lature shall  enact  laws  declaring  the  uses  which  may  be  lawfully 
made  of  money  or  other  valuable  things,  and  the  amounts  in  which 
they  may  be  lawfully  used,  by  or  on  behalf  of  any  person,  to 
promote  his  nomination  for  or  election  to  public  office,  or  _on_ 
account  of  or  in  respect  of  the  conduct  or  management  of  any 
public  election  within  this  state.  The  use  or  promise  of  money 
or  any  other  valuable  thing  to  promote  the  nomination  or  election  of 
any  person  to  public  office,  or  on  account  of  or  in  respect  of  the 
conduct  or  management  of  any  public  election  within  this  state, 
otherwise  than  is  expressly  authorized  by  such  laws  is  prohibited; 
and  any  person  by  whom,  or  by  or  with  whose  procurement,  con- 
nivance or  consent,  or  for  whose  benefit,  the  same  is  so  used  or 
promised,  shall,  if  elected,  forfeit  his  office,  and  shall  be  subject 
to  such  other  penalties  as  the  legislature  shall  from  time  to  time 
determine.  The  legislature  shall  enact  laws  prescribing  the  courts 
and  the  procedure  by  which  such  questions  may  be  speedily  tried 
upon  the  suit  of  any  elector. 

1905.  A.  No.  90  (Int.  90). 

A.  J.  49. 

1906.  A.  No.  18  (Int.  18). 

A.  J.  24. 

7.  Election  laws  and  officers 

§  7.  (Proposal  to  add  the  following  new  section:)  All  laws 
relating  to  registration  and  qualification  of  voters,  primary  elec- 
tions and  officers  charged  with  the  duty  of  enforcing  the  laws 
relating  to  elections,  registration  and  primaries,  shall  be  uniform 
and  of  universal  application  throughout  the  state.  All  officers 
hereafter  created  to  enforce  any  of  the  election,  primary  or  regis- 
tration laws  shall  consist  of  an  even  number,  and  shall  secure 
equal  representation  of  the  two  political  parties,  which  at  the  last 
preceding  state  election,  at  which  a  governor  was  elected,  cast  the 
highest  and  next  highest  number  of  votes.  All  such  officers  shall 
be  appointed  or  elected  for  the  entire  state,  and  in  such  manner, 
and  upon  nomination  of  such  representatives  of  said  parties  re- 
spectively, as  the  legislature  may  direct. 

1911.     S.  No.  1945  (Int.  1525). 
S.  J.  1644. 


34  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  III,  §  1 


ARTICLE  III 

§  1.  The  legislative  power  of  this  State  shall  be  vested  in  the 
Senate  and  Assembly. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.     Initiative  and  referendum 

§  1.  (Proposal  to  add  the  following:)  and  in  addition  thereto 
shall  be  vested  in  the  electors  qualified  to  vote  for  governor. 

a.  The  right  to  propose  amendments  to  this  constitution  and 
measures  for  the  governance  of  the  whole  state,  shall  (in  addition 
to  being  exercised  by  members  of  the  legislature)  be  vested  in  any 
five  per  centum  of  the  voters  of  the  state  qualified  to  vote  for 
governor;  and  the  right  to  propose  measures  for  the  governance 
of  any  municipal  division  of  the  slate  (such  as  county,,  city,  town, 
township,  borough,  village,  and  so  forth),  shall  in  like  manner 
(in  addition  to  being  exercised  by  members  of  the  legislative  body 
or  bodies  thereof},  be  vested  in  any  five  per  centum  of  the  voters 
of  any  such  municipal  division  qualified  to  vote  for  the  chief  execu- 
tive or  executives  of  such  division. 

b.  The  right  to  reject  or  to  approve  any  measure  for  the  govern- 
ment of  the  whole  state,  which  shall  have  been  passed  by  the  legis- 
lature, or  proposed  and  submitted  by  either  house  thereof  or  by 
the  required  number  of  voters  under  the  provisions  of  this  article, 
shall  be  vested  in  the  voters  qualified  to  vote  for  governor.     The 
right  to  reject  or  to  approve  any  measure  for  the  governance  of 
any  municipal  division  passed  by  the  legislature,  or  by  the  legis- 
lative body  or  bodies  of  any  such  division,  or  proposed  by  the  voters 
of  such  division,  shall  be  vested  in  the  voters  of  the  municipal 
division  affected  thereby  qualified  to  vote  for  chief  executive  or 
executives  of  such  division.     The  exercise  of  the  right  of  rejection 
or  approval  hereunder  shall  take  place  whenever  any  five  per 
centum  of  the  voters  qualified  to  vote  thereon  shall,  according  to 
the  provisions  of  this  article,  demand  a  submission  to  direct  vote 
of  the  voters  of  any  such  measure  or  amendment  to  this  constitu- 
tion. 

c.  Whenever  any  amendment  to  this  constitution,  or  any  meas- 
ure whatsoever,  shall  be  submitted  to  the  voters  of  the  state,  or  of 
any  municipal  division  thereof,  for  rejection  or  approval  by  them, 
the  same  shall  become  law  if  the  official  canvass  of  the  ballots  for 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         35 

Article  III,  $  1 

and  against  the  same  shall  show  that  more  persons  have  voted  for 
than  have  voted  against  the  enactment  thereof. 

d.  The  legal  designation  of  the  exercise  of  the  right  of  proposal 
under  the  provisions  of  this  article  shall  be  "  the  initiative;  "  and 
the  legal  designation  of  the  exercise  of  the  right  of  rejection  or 
approval  thereunder  shall  be  "  the  referendum." 

e.  All  demands  for  the  referendum  shall  be  written  or  printed,, 
and  shall,  when  demanding  submission  of  measures  already  en- 
acted by  the  legislature  or  by  the  legislative  body  or  bodies  of  any 
municipal  division,  refer  to  the  same  by  title,  chapter,,  and  num- 
ber, or  such  other  official  designation  as  such  measure  may  bear, 
and  shall  in  all  other  cases  contain  the  full  text  of  such  measure 
or  proposed  amendment  to  this  constitution.     Such  demands  made 
by  voters,  shall  be  signed  by  at  least  five  per  centum  of  the  voters 
qualified  to  vote  thereon,  and  all  demands  for  the  referendum 
whatsoever  shall,  in  the  case  of  all  matters  to  be  submitted  to  the 
voters  of  the  whole  state,  be  fled  with  the  secretary  of  state,  and, 
in  the  case  of  matters  to  be  submitted  to  the  voters  of  any  munic- 
ipal division  thereof,  with  the  officer  of  such  division  acting  as  its 
clerk  or  recording  officer.     The  percentage  of  voters  whose  signa- 
tures are  required  to  make  any  such  demand  legal  and  mandatory 
shall,  in  the  case  of  those  filed  with  the  secretary  of  state,  be  com- 
puted upon  the  votes  cast  for  governor  at  the  last  election  preceding 
the  filing  thereof,  and,  in  the  case  of  demands  filed  with  the  clerk 
of  any  municipal  division  upon  the  votes  cast  for  the  chief  execu- 
tive thereof  at  the  last  election  therefor. 

f.  The  legislature  may,  by  a  three-fourths  vote  of  all  the  mem- 
bers elected  to  each  branch  thereof,  declare  certain  bills  to  "be 
urgent,  and  such  bill  so  declared  to  be  urgent  —  unless  otherwise 
explicitly  stated  therein  —  when  approved  by  the  governor,  shall 
take  immediate  effect;  but  the  legislature  shall  have  no  power  to 
declare  bills  to  be  urgent  except  those  relating  solely  to  the  im- 
mediate preservation  of  the  public  safety,  of  the  public  'peace,  or  of 
the  public  health. 

g.  Bills  passed  by  the  legislature  other  than  those  declared  to 
be  urgent,  and  which  shall  become  law  with  or  without  the  approval 
of  the  governor,  shall  go  into  effect  at  twelve  o'clock  noon  of  the 
ninetieth  day  after  the  final  adjournment  of  the  legislature  passing 
the  same,  excluding  the  day  of  adjournment,  or  at  such  later  date 
as  may  be  expressly,  stated  in  the  bill;  but  if  a  demand  for  the 


36  NEW  YOKE:  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  1 

referendum  upon  any  such  bill  shall,,  prior  to  such  hour,  be  filed 
with  the  secretary  of  state,  the  same  shall  not  take  effect  until 
approved  ~by  the  voters. 

h.  Either  branch  of  the  legislature  may,  of  its  own  motion,  by 
resolution  passed  by  a  vote  therefor  of  a  majority  of  all  the  mem- 
bers elected  thereto,  provide  for  the  submission  to  the  voters  of 
the  state  of  proposed  amendments  to  this  constitution,  or  of  any 
measure  introduced  in,  pending  before,  or  passed  by  it,  or  of  any 
question  upon  which  it  may  desire  the  instructions  of  such  voters; 
and  in  like  manner  any  legislative  body,  board,  or  council  of  any 
municipal  division  of  the  state  may,  of  its  own  motion,  by  resolu- 
tion, provide  for  the  submission  to  the  voters  of  such  municipal 
division,  or  to  the  voters  of  any  subdivision  thereof,  of  any  measure 
introduced  in,  pending  before,  or  passed  by  it,  or  of  any  question 
upon  which  such  body  may  desire  the  instructions  of  such  voters, 
and  upon  the  filing  of  any  such  resolution  of  either  branch  of  the 
legislature  with  the  secretary  of  state,  or  of  any  such  resolution  of 
any  legislative  body,  board,  or  council  of  any  municipal  division, 
with  the  cleric  of  such  division,  the  same  shall  have  the  same  force 
and  effect  as  a  demand  for  the  referendum  filed  by  voters. 

i.  All  proposed  amendments  to  this  constitution,  and  all  meas- 
ures whatsoever,  demand  for  the  submission  of  which  to  the  voters 
shall  have  been  in  due  form  filed  with  the  proper  officer,  shall  be 
by  him  published  in  full,  according  to  law,  and  submitted  to  the 
voters  qualified  to  vote  thereon  at  the  first  election  held  after  the 
expiration  of  thirty  days  from  the  filing  with  him  of  such  demand, 
in  accordance  with  the  laws  relating  to  elections  and  to  such  sub- 
missions. 

j.  No  measure  shall  be  enacted,  except  by  a  direct  vote  of  the 
voters,  which  shall  in  any  manner  alter,  modify,  repeal,  or  render 
nugatory,  any  measure  whatsoever  which  has  been  enacted  by  a 
direct  vote  of  the  voters,  nor  which  shall  embody  substantially  the 
same  principle  as  any  measure  which  has  theretofore  been  sub- 
mitted to  a  vote  of  the  voters  and  has  by  them  been  rejected. 

Tc.  Except  in  the  case  of  amendments  to  this  constitution,  the 
enacting  clause  of  all  measures  submitted  to  the  voters  of  the 
whole  state  shall  be  '  The  people  of  the  state  of  New  York,  by 
direct  vote,  do  enact  as  follows; '  and  it  shall  be  the  duty  of  the 
secretary  of  state  to  see  that  such  clause  is  correctly  worded  in  all 
measures  submitted  to  him,  and  correction  of  such  enacting  clause 
may  be  made  by  him  after  as  well  as  before  submission  to  the 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         37 

Article  III,  $  1 

voters,  and  to  all  such  amendments  to  this  constitution  so  adopted, 
and  to  all  measures  whatsoever  so  enacted  by  direct  vote  of  the 
voters  of  the  whole  state.,  he  shall  add,  immediately  below  the  title 
thereof,  the  date  of  the  election  at  which  the  same  was  adopted  or 
enacted,  the  number  of  votes  cast  for  and  against  the  same,  and 
the  date  of  the  filing  in  his  office  of  the  certificate  of  the  board  of 
state  canvassers  showing  the  result  of  the  vote  thereon,  and,  unless 
otherwise  explicitly  stated  in  the  amendment  or  measure,  the  time 
of  the  going  into  effect  of  all  amendments  to  this  constitution  so 
adopted,  and  of  all  measures  so  enacted  by  direct  vote  of  the  voters 
of  the  state,  shall  be  twelve  o'clock  noon  of  the  date  following  the 
filing  in  the  office  of  the  secretary  of  state  of  such  certificate. 

I.  A  demand  for  the  referendum  may  require  the  submission  of 
more  than  one  proposed  article  or  amendment  to  any  existing 
article  or  articles  of  this  constitution,  or  of  more  than  one  measure, 
but  the  same  must  in  all  cases  be  submitted  in  such  manner  that 
the  voters  can  vote  separately  upon  each  of  such  proposed  articles, 
or  amendments  to  existing  articles  hereof,  or  upon  each  separate 
measure,  and  in  all  cases  where  an  existing  section  of  any  article  of 
this  constitution,  or  an  existing  section  of  any  measure  whatsoever 
is  sought  to  be  amended,  such  section  as  sought  to  be  amended  shall 
be  submitted  in  full. 

m.  The  secretary  of  state,  or  other  proper  officer,  qualified  to 
receive  the  same,  with  whom  any  demand  for  the  referendum  shall 
be  in  due  form  filed,  who  shall  neglect  or  refuse  to  comply  with 
such  demand,  and  who  shall  fail  to  submit  properly  the  matter 
therein  named  to  the  voters  qualified  to  vote  thereon  at  the  first 
election  at  which  the  same  may  be  legally  submitted,  shall  be 
deemed  to  be  guilty  of  misfeasance  in  office  and  of  felony,  and  shall 
be  liable  to  impeachment,  and  to  be  indicted  and  punished  as  may 
be  by  law  directed. 

n.  It  shall  be  the  duty  of  the  legislature,  at  the  first  session 
thereof  held  after  the  adoption  of  this  article,  to  enact  such  law  or 
laws  as  may  be  necessary  to  carry  the  provisions  thereof  into  effect, 
but  no  demand  for  the  referendum  upon  any  such  law  so  enacted 
for  such  purpose  by  the  legislature,  nor  upon  any  measure  for  the 
same  purpose  otherwise  duly  proposed  under  the  provisions  of  this 
article,  shall  be  invalid  by  reason  of  noncompliance  with  any  pro- 
vision of  any  law  for  such  purpose  which  may  at  any  time  be  en- 
acted by  the  legislature. 


38  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  1 

o.  Nothing  in  the  constitution  shall  be  taken  or  construed  to  in 
any  manner  limit  the  powers  of  legislation  vested  by  this  article 
in  the  qualified  voters,  nor  to  require  the  presentation  to  or  ap- 
proval by  the  governor  or  any  other  officer,  of  any  measure  what- 
soever enacted  by  direct  vote  of  the  voters  of  this  state  or  of  any 
municipal  division  thereof.,  and  all  provisions  in  the  constitution 
in  conflict  herewith  are  hereby  rescinded  and  annulled. 

1899.  A.  No.  1026  (Int.  898). 

A.  J.  551. 

1900.  A.  No.  125  (Int.  125). 

A.  J.  116. 

§  1.  (Proposal  to  add  the  following:)  and  in  addition  thereto 
shall  be  vested  in  the  electors  qualified  to  vote  for  governor. 

a.  The  right  to  propose  amendments  to  this  constitution  and 
measures  for  the  governance  of  the  whole  state,  shall  (in  addition 
to  being  exercised  by  members  of  the  legislature)  be  vested  in  any 
twenty  per  centum  of  the  voters  of  the  state  qualified  to  vote  for 
governor;  and  the  right  to  propose  measures  for  the  governance 
of  any  municipal  division  of  the  state  (such  as  county,  city,  town, 
township,  borough,  village,  and  so  forth'),  shall  in  like  manner 
(in  addition  to  being  exercised  by  members  of  the  legislative  body 
or  bodies  thereof),  be  vested  in  any  twenty  per  centum  of  the  voters 
of  any  such  municipal  division  qualified  to  vote  for  the  chief  execu- 
tive or  executives  of  such  division. 

b.  The  right  to  reject  or  to  approve  any  measure  for  the  govern- 
ance of  the  whole  state,  which  shall  have  been  passed  by  the  legis- 
lature, or  proposed  and  submitted  by  either  house  thereof  or  by 
the  required  number  of  voters  under  the  provisions  of  this  article, 
shall  be  vested  in  the  voters  qualified  to  vote  for  governor.     The 
right  to  reject  or  to  approve  any  measure  for  the  governance  of 
any  municipal  division  passed  by  the  legislature,  or  by  the  legis- 
lative body  or  bodies  of  any  such  division,  or  proposed  by  the  voters 
of  such  division,  shall  be  vested  in  the  voters  of  the  municipal 
division  affected  thereby  qualified  to  vote  for  chief  executive  or 
executives  of  such  division.     The  exercise  of  the  right  of  rejection 
or  approval  hereunder  shall  take  place  whenever  any  twenty  per 
centum  of  the  voters  qualified  to  vote  thereon  shall,  according  to 
the  provisions  of  this  article,  demand  a  submission  to  direct  vote 
of  the  voters  of  any  such  measure  or  amendment  to  this  constitu- 
tion. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         39 

Article  III,  §  1 

c.  Whenever  any  amendment  to  this  constitution,  or  any  meas- 
ure whatsoever,  shall  be  submitted  to  the  voters  of  the  state,  or  of 
any  municipal  division  thereof,  for  rejection  or  approval  by  them, 
the  same  shall  become  law  if  the  official  canvass  of  the  ballots  for 
and  against  the  same  shall  show  that  more  persons  have  voted  for 
than  have  voted  against  the  enactment  thereof. 

d.  The  legal  designation  of  the  exercise  of  the  right  of  proposal 
under  the  provisions  of  this  article  shall  be  "  tine  initiative;  "  and 
the  legal  designation  of  the  exercise  of  the  right  of  rejection  or 
approval  thereunder  shall  be  "  the  referendum/' 

e.  All  demands  for  the  referendum  shall  be  written  or  printed, 
and  shall,  when  demanding  submission  of  measures  already  en- 
acted by  the  legislature  or  by  the  legislative  body  or  bodies  of  any 
municipal  division,  refer  to  the  same  by  title,  chapter,  and  num- 
ber, or  such  other  official  designation  as  such  measure  may  bear, 
and  shall  in  all  other  cases  contain  the  full  text  of  such  measure 
or  proposed  amendment  to  this  constitution.     Such  demands  made 
by  voters,  shall  be  signed  by  at  least  twenty  per  centum  of  the 
voters  qualified  to  vote  thereon,  and  all  demands  for  the  refer- 
endum whatsoever  shall,  in  the  case  of  all  matters  to  be  submitted 
to  the  voters  of  the  whole  state,  be  filed  with  the  secretary  of  state, 
and,  in  the  case  of  matters  to  be  submitted  to  the  voters  of  any 
municipal  division  thereof,  with  the  officer  of  such  division  acting 
as  its  cleric  or  recording  officer.     The  percentage  of  voters  whose 
signatures  are  required   to  make   any   such   demand  legal  and 
mandatory  shall,  in  the  case  of  those  filed  with  the  secretary  of 
state,  be  computed  upon  the  votes  cast  for  governor  at  the  last 
election  preceding  the  filing  thereof,  and,  in  the  case  of  demands 
filed  with  the  clerk  of  any  municipal  division  upon  the  votes  cast 
for  the  chief  executive  thereof  at  the  last  election  therefor. 

f.  The  legislature  may,  by  a  three-fourths  vote  of  all  the  mem- 
bers elected  to  each  branch  thereof,  declare  certain  bills  to  be 
urgent,  and  such  bill  so  declared  to  be  urgent  —  unless  otherwise 
explicity  stated  therein  —  when  approved  by  the  governor,  shall 
take  immediate  effect;  but  the  legislature  shall  have  no  power  to 
declare  bills  to  be  urgent  except  those  relating  solely  to  the  im- 
mediate preservation  of  the  public  safety,  of  the  public  peace,  or 
of  the  public  health. 

g.  Bills  passed  by  the  legislature  other  than  those  declared  to 
be  urgent,  and  which  shall  become  law  with  or  ivitlwut  the  ap- 


40  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  III,  §  1 

proval  of  the  governor,,  shall  go  into  effect  at  twelve  o'clock  noon 
of  the  nineteenth  day  after  the  final  adjournment  of  the  legisla- 
ture passing  the  same,,  excluding  the  day  of  adjournment,  or  at 
such  later  date  as  may  be  expressly  stated  in  the  bill;  but  if  a 
demand  for  the  referendum  upon  any  such  bill  shall,,  prior  to  such 
hour,  be  filed  with  the  secretary  of  state,  the  same  shall  not  take 
effect  until  approved  by  the  voters. 

h.  Either  branch  of  the  legislature  may,  of  its  own  motion,  by 
resolution  passed  by  a  vote  therefor  of  a  majority  of  all  the  mem- 
bers elected  thereto,  provide  for  the  submission  to  the  voters  of 
the  state  of  proposed  amendments  to  this  constitution,  or  of  any 
measure  introduced  in,  pending  before,  or  passed  by  it,  or  of  any 
question  upon  which  it  may  desire  the  instructions  of  such  voters; 
and  in  like  manner  any  legislative  body,  board,  or  council  of  any 
municipal  division  of  the  state  may,  of  its  own  motion,  by  resolu- 
tion, provide  for  the  submission  to  the  voters  of  such  municipal 
division,  or  to  the  voters  of  any  subdivision  thereof,  of  any  measure 
introduced  in,  pending  before,  or  passed  by  it,  or  of  any  question 
upon  which  such  body  may  desire  the  instructions  of  such  voters, 
and  upon  the  filing  of  any  such  resolution  of  either  branch  of  the 
legislature  with  the  secretary  of  state,  or  of  any  such  resolution 
of  any  legislative  body,  board,  or  council  of  any  municipal  division, 
with  the  clerk  of  such  division,  the  same  shall  have  the  same  force 
and  effect  as  a  demand  for  the  referendum  filed  by  voters. 

i.  All  proposed  amendments  to  this  constitution,  and  all  meas- 
ures whatsoever,  demand  for  the  submission  of  which  to  the  voters 
shall  have  been  in  due  form  filed  with  the  proper  officer,  shall  be 
by  him  published  in  full,  according  to  law,  and  submitted  to  the 
voters  qualified  to  vote  thereon  at  the  first  election  held  after  the 
expiration  of  thirty  days  from  the  filing  with  him  of  such  demand, 
in  accordance  with  the  laws  relating  to  elections  and  to  such  sub- 
missions. 

j.  No  measure  shall  be  enacted,  except  by  a  direct  vote  of  the 
voters,  which  shall  in  any  manner  alter,  modify,  repeal,  or  render 
nugatory,  any  measure  whatsoever  which  has  been  enacted  by  a 
direct  vote  of  the  voters,  nor  which  shall  embody  substantially  the 
same  principle  as  any  measure  which  has  theretofore  been  sub- 
mitted to  a  vote  of  the  voters  and  has  by  them  been  rejected. 

k.  Except  in  the  case  of  amendments  to  this  constitution,  the 
enacting  clause  of  all  measures  submitted  to  the  voters  of  the 
whole  state  shall  be  "  Tine  people  of  the  state  of  New  York,  by 


II]       AMENDMENTS  ADOPTED  AND  PKOPOSED,  1895-1914         41 

Article  III,  §  1 

direct  vote,  do  enact  as  follows;  "  and  it  shall  be  the  duty  of  the 
secretary  of  state  to  see  that  such  clause  is  correctly  worded  in  all 
measures  submitted  to  him,  and  correction  of  such  enacting  clause 
may  be  made  by  him  after  as  well  as  before  submission  to  the 
voters,  and  to  all  such  amendments  to  this  constitution  so  adopted, 
and  to  all  measures  whatsoever  so  enacted  by  direct  vote  of  the 
voters  of  the  whole  state,  he  shall  add,  immediately  below  the  title 
thereof,  the  date  of  the  election  at  which  the  same  was  adopted  or 
enacted,  the  number  of  votes  cast  for  and  against  the  same,  and 
the  date  of  the  filing  in  his  office  of  the  certificate  of  the  board 
of  state  canvassers  showing  the  result  of  the  vote  thereon,  and, 
unless  otherwise  explicitly  stated  in  the  amendment  or  measure, 
the  time  of  the  going  into  effect  of  all  amendments  to  this  constitu- 
tion so  adopted,  and  of  all  measures  so  enacted  by  direct  vote  of 
the  voters  of  the  state,  shall  be  twelve  o'clock  noon  of  the  date 
following  the  filing  in  the  office  of  the  secretary  of  state  of  such 
certificate. 

I.  A  demand  for  the  referendum  may  require  the  submission 
of  more  than  one  proposed  article  or  amendment  to  any  existing 
article  or  articles  of  this  constitution,  or  of  more  than  one  measure, 
but  the  same  must  in  all  cases  be  submitted  in  such  manner  that 
the  voters  can  vote  separately  upon  each  of  such  proposed  articles, 
or  amendments  to  existing  articles  hereof,  or  upon  each  separate 
measure,  and  in  all  cases  where  an  existing  section  of  any  article  of 
Hi  /.s  constitution,  or  an  existing  section  of  any  measure  whatsoever 
is  sought  to  be  amended,  such  section  as  sought  to  be  amended  shall 
be  submitted  in  full. 

m.  The  secretary  of  state,  or  other  proper  officer,  qualified  to 
receive  the  same,  with  whom  any  demand  for  the  referendum  shall 
be  in  due  form  filed,  wlw  shall  neglect  or  refuse  to  comply  with 
such  demand,  and  who  shall  fail  to  submit  properly  the  matter 
therein  named  to  the  voters  qualified  to  vote  thereon  at  the  first 
election  at  which  the  same  may  be  legally  submitted,  shall  be 
deemed  to  be  guilty  of  misfeasance  in  office  and  of  felony,  and 
shall  be  liable  to  impeachment,  and  to  be  indicted  and  punished 
as  may  be  by  law  directed. 

n.  It  shall  be  the  duty  of  the  legislature,  at  the  first  session 
thereof  held  after  the  adoption  of  this  article,  to  enact  such  law 
or  laws  as  may  be  necessary  to  carry  the  provisions  thereof  into 
effect,  but  no  demand  for  the  referendum  upon  any  such  law  so 
enacted  for  such  purpose  by  the  legislature,  nor  upon  any  measure 


42  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  1 

for  the  same  purpose  otherwise  duly  proposed  under  the  provisions 
of  this  article,,  shall  be  invalid  by  reason  of  noncompliance  with  any 
provision  of  any  law  for  such  purpose  which  may  at  any  time  be 
enacted  by  the  legislature. 

o.  Nothing  in  the  constitution  shall  be  taken  or  construed  to  in 
any  manner  limit  the  powers  of  legislation  vested  by  this  article 
in  the  qualified  voters,  nor  to  require  the  presentation  to  or  ap- 
proval by  the  governor  or  any  other  officer,  of  any  measure  what- 
soever enacted  by  direct  vote  of  the  voters  of  this  state  or  of  any 
municipal  division  thereof,  and  all  provisions  in  the  constitution 
in  conflict  herewith  are  hereby  rescinded  and  annulled. 

1901.     A.  No.  340  (Int.  311). 
A.  J.  154. 

Subdivision  A.  The  legislative  power  of  this  state  is  inherent, 
and  shall  be  vested  in  the  electors  of  this  state,  and  also  shall  be 
vested,  subject  always  to  acceptance  or  rejection  by  the  electors  of 
this  state,  in  [the]  a  senate  and  assembly. 

B.  Any  fifty  thousand  electors  of  the  state  of  New  York  shall 
have  the  power  to  require  that  any  act  or  part  of  any  act  passed 
by  the  senate  and  assembly,  and  approved  by  the  governor,  shall 
be  referred  to  the  electors  of  the  state,  or,  if  it  be  a  special  act, 
to  the  electors  of  the  territorial  subdivisions  affected  thereby,  at 
the  next  general  election,  and  shall  only  take  effect  if  approved 
by  a  majority  of  those  voting  thereon.     This  power  to  demand  a 
referendum  shall  be  exercised  by  the  electors  by  filing  their  signed 
petitions  with  the  secretary  of  state  not  more  than  ninety  days 
after  the  act  in  question  shall  have  been  approved  by  the  governor, 
earlier  than  which  date  no  act  or  part  of  an  act  can  become  opera- 
tive, except  as  in  this  section  hereafter  provided.    Any  act  whose 
reference  is  properly  petitioned  for  shall  not  take  effect  till  thirty 
days  after  it  shall  have  been  approved  by  a  majority  of  those  voting 
thereon.     But  acts  for  the  immediate  preservation  of  the  public 
peace,  health  and  safety,  may  go  into  immediate  operation  if  passed 
by  a  three-fourths  vote  of  the  members  elected  respectively  to  each 
house,  and  approved  by  the  governor,  provided,  however,  that  such 
act  shall  be  considered  as  repealed  from  the  date  of  the  voting 
when  the  referendum  upon  it  is  demanded  by  petition,  and  the  act 
is  rejected  at  the  polls. 

C.  Any  fifty  thousand  electors  of  the  state  of  Neiu  York  shall 
have  the  power  to  propose  any  act,  and  any  one  hundred  thousand 
electors  shall  have  power  to  propose  any  amendment  to  the  con- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914        43 

Article  III,  §  1 

stitution  of  this  state,  and  require  that  the  act  or  amendment  be 
referred  to  the  electors  of  the  state  at  the  first  general  election 
occurring  at  least  eight  months  after  such  demand  shall  have  been 
filed  with  the  secretary  of  state,  to  become  a  law  or  part  of  the 
constitution  thirty  days  after  the  date  of  said  election,  if  approved 
by  a  majority  of  those  voting  thereon.  Provided  that  passage  by 
the  legislature,  and  signature  by  the  governor,  of  an  act  identical 
with  the  one  petitioned  for,  shall  render  such  submission  to  vote 
unnecessary  unless  separately  petitioned  for  in  accordance  with 
subdivision  B  of  this  section. 

D.  When  at  any  time  a  petition  for  an  act  or  an  amendment 
shall  have  been  filed  as  above,  the  legislature  may,  by  concurrent 
resolution,  propose  as  a  substitute  another  act  or  amendment  cover- 
ing the  same  subject  matter.    In  that  case  both  the  proposed  acts 
or  amendments  shall  be  printed  on  one  ballot,  and  two  questions, 
as  follows,  shall  be  submitted  to  the  electors. 

The  first  question  shall  be  whether  either  proposed  change  in 
the  law  is  desired.  The  second  shall  be  a  question  of  choice  be- 
tween the  two  measures.  In  case  a  majority  of  the  votes  cast 
upon  the  first  question  are  found  to  be  in  the  negative,  then  neither 
of  the  proposed  measures  shall  become  law.  In  .case  a  majority 
upon  the  first  question  shall  be  found  to  be  in  the  affirmative,  then 
the  proposed  act  or  amendment  receiving  the  larger  number  of 
votes  upon  the  second  question  shall  become  a  law  thirty  days  after 
the  date  of  said  election. 

E.  Until  laws  shall  be  enacted  specially  providing  for  the  en- 
forcement of  this  amendment,  the  secretary  of  state  and  all  other 
officers,  in  referring  measures,  providing  ballots  and  all  other 
necessary  matters,  shall  be  guided  by  the  general  election  laws  and 
the  provisions  of  acts  heretofore  passed  referring  laws  and  con- 
stitutional amendments  to  the  electors  for  acceptance  or  rejection, 
supplemented  by  such  reasonable  action  as  may  be  necessary  to 
render  this  constitutional  provision  self  executing. 

F.  A  sworn  statement  to  that  effect  by  any  one  of  the  petitioners 
shall  be  taken  as  prima  facie  proofs  that  all  signatures  upon  the 
same  sheet  with  his  own  are  genuine  signatures  of  electors. 

G.  Any  provision  in  section  nine  of  article  four,  or  in  any  other 
part  of  this  constitution,  which  conflicts  with  the  provisions  of  this 
section  as  now  amended,  is  to  the  extent  of  such  conflict 
repealed  and  superseded. 

1903.     A.  No.  437  (Int.  412). 
A.  J.  163. 

PART  II  —  3 


44  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  III,  §  I 

§  1.  (Proposal  to  add  the  following:)  but  the  people  reserve 
to  themselves  power  to  propose  laws  and  amendments  to  the 
constitution  and  to  enact  or  reject  the  same  at  the  polls, 
independent  of  the  legislature,  and  also  reserve  power  at  their 
Lwn  option  to  approve  or  reject  at  the  polls  any  act  of 
the  legislature.  The  first  power  reserved  by  the  people  is  the 
initiative.  Ten  per  centum  or  more  of  the  legal  voters  may 
propose  any  measure  by  petition;  every  such  petition  shall 
include  the  full  text  of  the  measure  so  proposed.  Initiative 
petitions  shall  be  filed  with  the  secretary  of  state  not  less  than 
three  months  before  the  election  at  which  they  are  to  be  voted  upon. 
The  second  power  is  the  referendum,  and  it  may  be  ordered,  except 
as  to  laws  necessary  for  the  immediate  preservation  of  the  public 
peace,  health  or  safety,  either  by  petition  signed  by  ten  per  centum 
of  the  legal  voters,  or  by  the  legislature,  as  other  bills  are  enacted. 
Referendum  petitions  shall  be  filed  with  the  secretary  of  state  not 
more  than  ninety  days  after  the  final  adjournment  of  the  session 
of  the  legislature  which  passed  the  bill  on  which  the  referendum 
is  demanded.  The  veto  power  of  the  governor  shall  not  extend 
to  measures  referred  to  the  people.  All  elections  on  measures  re- 
ferred to  the  people  of  the  state  shall  be  had  at  the  regular  general 
elections,  except  when  the  legislature  shall  order  a  special  election. 
Any  measure  referred  to  the  people  shall  take  effect  and  become 
the  law  when  it  is  approved  by  a  majority  of  the  votes  cast  thereon, 
and  not  otherwise.  The  style  of  all  bills  shall  be:  "  Be  it  enacted 
by  the  people  of  the  state  of  New  York."  This  section  shall  not 
be  construed  to  deprive  any  member  of  the  legislature  of  the  right 
to  introduce  any  measure.  The  whole  number  of  votes  cast  for 
governor  at  the  regular  election  last  preceding  the  filing  of  any 
petition  for  the  initiative  or  for  the  referendum  shall  be  the  basis 
on  which  the  number  of  legal  voters  necessary  to  sign  such  petition 
shall  be  counted.  Petitions  and  orders  for  the  initiative  and  for 
the  referendum  shall  be  filed  with  the  secretary  of  state,  and  in 
submitting  the  same  to  the  people  he,  and  all  other  officers,  shall 
be  guided  by  the  general  laws  and  this  amendment,  until  legislation 
shall  be  especially  provided  therefor.  The  referendum  may  be 
demanded  by  the  people  against  one  or  more  items,  sections  or 
parts  of  any  act  of  the  legislature  in  the  same  manner  in  which 
such  power  may  be  exercised  against  a  complete  act.  The  filing 
of  a  referendum  petition  against  one  or  more  items,  sections  or 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914        45 

Article  III,  §  2 

parts  of  an  act  shall  not  delay  the  remainder  of  that  act  from  'be- 
coming operative.  The  initiative  and  referendum  powers  reserved 
to  the  people  by  this  constitution  are  hereby  further  reserved  to  the 
legal  voters  of  every  municipality  and  district,,  as  to  all  local, 
special  and  municipal  legislation,  of  every  character,  in  or  for 
their  respective  municipalities  and  districts.  The  manner  of  exerr 
cising  said  powers  shall  be  prescribed  by  general  laws,  except  that 
cities  and  towns  may  provide  for  the  manner  of  exercising  the 
initiative  and  referendum  powers  as  to  their  municipal  legisla- 
tion. Ten  per  centum  or  more  of  the  legal  voters  may  order  the 
referendum  and  fifteen  per  centum  or  more  may  propose  any 
measure,  by  the  initiative,  in  any  city  or  town. 

1911.     A.  No.  1326  (Int.  1139). 

A.  J.  958. 

(For  other  proposed  amendments  providing  for  the  initiative  and  the 
referendum,  see  pp.  262,  271.) 

2.  Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum,  and  the  recall  of  election  officers,  see  p.  293.) 
i 

3.  Single  legislative  body 

(For  proposed  amendment  to  this  and  other  sections  providing  for  a  single 
legislative  body,  see  p.  316.) 

§  2.  The  Senate  shall  consist  of  fifty  members,  except  as  herein- 
after provided.  The  senators  elected  in  the  year  one  thousand 
eight  hundred  and  ninety-five  shall  hold  their  offices  for  three 
years,  and  their  successors  shall  be  chosen  for  two  years.  The 
Assembly  shall  consist  of  one  hundred  and  fifty  members  who 
shall  be  chosen  for  one  year. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.     Term  of  assemblymen 

§  2.  The  senate  shall  consist  of  fifty  members,  except  as  herein- 
after provided[.]^  who  shall  be  chosen  for  two  years.  [The 
senators  elected  in  the  year  [one  thousand  eight]  eighteen  hun- 
dred and  ninety-five  shall  hold  their  offices  for  three  years  and 
their  successors  shall  be  chosen  for  two  years.]  The  assembly 
shall  consist  of  one  hundred  and  fifty  members,  who  shall  be 
chosen  for  [one  year.]  two  years. 

1898.     A.  No.  893  (Int.  777). 
A.  J.  491. 


46  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  III,  §  2 

§  2.  The  senate  shall  consist  of  fifty  members,  except  as  here- 
inafter provided.  [The  senators  elected  in  the  year  one  thousand 
eight  hundred  and  ninety-five  shall  hold  their  offices  for  three 
years,  and  their  successors  shall  be  chosen  for  two  years.]  The 
assembly  shall  consist  of  one  hundred  and  fifty  members,  [who 
shall  be  chosen  for  one  year.]  Senators  and  members  of  assembly 
shall  be  chosen  for  two  years. 

1900.  A.  No.  677  (Int.  613). 

A.  J.  314. 

1901.  A.  No.  221  (Int.  221).     To  S. 

A.  J.  104,  584,  650,  662,  747,  816,  865. 
S.  J.  433. 

§  2.  (Proposal  to  add  the  following:)  to  and  including  the  mem- 
bers thereof  elected  in  the  year  one  thousand  nine  hundred  and  one. 
The  members  of  the  assembly  elected  in  the  year  one  thousand 
nine  hundred  and  two  and  their  successors  shall  be  chosen  for  two 
years. 

1900.     A.  No.  737  (Int.  648). 
A.  J.  380. 

§  2.  The  senate  shall  consist  of  fifty  members,  except  as 
hereinafter  provided.  The  senators  elected  in  the  year  one  thou- 
sand eight  hundred  and  ninety-five  shall  hold  their  offices  for 
three  years,  and  their  successors  shall  be  chosen  for  two  years. 
The  assembly  shall  consist  of  one  hundred  and  fifty  members, 
who  shall  be  chosen  for  [one  year.]  two  years. 

1904.  A.  No.  1364  (Int.  375).  To  S. 

A.  J.  171,  868,  942,  1040,  1213,  1259,  1305,  1420,  1608. 

S.  J.  832. 
1907.  A.  No.  86  (Int.  86). 

A.  J.  36. 

§  2.  The  senate  shall  consist  of  fifty  members,  except  as  herein- 
after provided [.],  and  they  [The  senators  elected  in  the  year 
one  thousand  eight  hundred  and  ninety-five  shall  hold  their  offices 
for  three  years,  and  their  successors]!  shall  be  chosen  for  two 
years.  The  assembly  shall  consist  of  one  hundred  and  fifty  mem- 
bers, who  shall  also  be  chosen  for  two  years,  [one  year.] 

1906.     A.  No.  217  (Int.  217).     (Same  as  A.  No.  1407.) 

A.  J.  80. 

*  A.  No.  1407  (Int.  1133).     (Same  as  A.  No.  217.) 
A.  J.  943. 


*  For  remainder  of  this  resolution,  see  proposed  amendment  to  Art.  Ill, 
§  6,  pp.  65,  66. 


I 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         47 

Article  III,  §  2 

§  2.  The  senate  shall  consist  of  fifty  members,  except  as  herein- 
after provided.  The  senators  elected  in  the  year  one  thousand 
eight  hundred  and  ninety-five  shall  hold  their  offices  for  three 
years,  and  their  successors  shall  be  chosen  for  two  years.  The 
assembly  shall  consist  of  one  hundred  and  fifty  members,  who  shall 
be  chosen  for  [one  year.]!  two  years,,  beginning  with  the  mem-, 
bers  to  be  elected  at  the  general  election  of  the  year  nineteen 
hundred  and  fourteen. 

1912.     S.  No.  226  (Int.  223).     (Same  as  A.  No.  145.) 

S.  J.  55. 

A.  No.  145  (Int.  .145).     (Same  as  S.  No.  226.) 
A.  J.  57. 

2.  Terms  of  senators  and  assemblymen 

§  2.  The  senate  shall  consist  of  fifty  members,  except  as  herein- 
after provided.  The  senators  elected  in  the  year  [one  thousand 
eight]  nineteen  hundred  and  [ninety-five  shall  hold  their  offices 
for  three  years,]  ten  and  their  successors  shall  be  chosen  for  [two] 
four  years.  The  assembly  shall  consist  of  one  hundred  and  fifty 
members  [who],  and  the  members  of  assembly  elected  in  the 
year  nineteen  hundred  and  ten  and  their  successors  shall  be  chosen 
for  [one]  two  years. 

1908.     A.  No.  1272  (Int.  1046). 
A.  J.  663. 

§  2.  The  senate  shall  consist  of  fifty  members,  except  as  herein- 
after provided.  The  senators  elected  in  the  year  [one  thousand 
eight  hundred  and  ninety-five]  nineteen  hundred  and  twelve  [shall 
hold  their  offices  for  three  years,]  and  their  successors  shall  be 
chosen  for  [two]'  four  years.  The  assembly  "shall  consist  of  one 
hundred  and  fifty  members,  and  the  members  of  assembly  elected 
in  the  year  nineteen  hundred  and  twelve  and  their  successors 
[who]  shall  be  chosen  for  [one]1  two  years. 

1910.     A.  No.  2502  (Int.  180).     To  S. 

A.  J.  66,  2424,  2433,  3262,  3272,  3408,  3612. 
S.  J.  1867,  1905. 

3.  Additional  assemblymen  for  New  York  county 

§  2.  The  senate  shall  consist  of  fifty  members,  except  as  herein- 
after provided.  The  senators  elected  in  the  year  [one  thousand 
eight]1  eighteen  hundred  and  ninety-five  shall  hold  their  office  for 
three  years,  and  their  successors  shall  be  chosen  for  two  years. 


48  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  2 

The  assembly  shall  consist  of  [one  hundred  and  fifty]  one  hun- 
dred and  fifty-one  members,  who  shall  be  chosen  for  one  year. 

(For  remainder  of  this  resolution,  see  proposed  amendment  to  Art.  Ill, 
$  5,  p.  64.) 

1899.     A.  No.  310  (Int.  302). 
A.  J.  132. 

4.  Single  legislative  "body 

(For  proposed  amendment  to  this  and  other  sections  providing  for  a  single 
legislative  body,  see  p.  316.) 

5.  Biennial  sessions  of  legislature  — -  terms  and  apportionment  of  legislators 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature,  changing  the  terms  and  regulating  the  appor- 
tionment of  the  legislators,  see  p.  310.) 

6.  Biennial  sessions  of  legislature  —  United  States  deposit  fund 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature  and  regulating  the  use  of  the  United  States 
deposit  fund  for  educational  purposes,  see  p.  314.) 

7.  Biennial  sessions  of  legislature  —  salaries  and  terms  of  legislators  — 

appropriations  —  apportionment 

(For  proposed  amendment  fr>  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature,  changing  the  salaries  and  terms  of  the  legislators, 
and  regulating  the  making  of  appropriations  and  apportionment  of  legis- 
lators, see  p.  311.) 

8.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor,  and  providing  for  the  short  ballot,  see  p.  319.) 

§  3.  The  State  shall  be  divided  into  fifty  districts  to  be  called 
senate  districts,  each  of  which  shall  choose  one  senator.  The  dis- 
tricts shall  be  numbered  from  one  to  fifty,  inclusive. 

District  number  one  (1)  shall  consist  of  the  counties  of  Suffolk 
and  Richmond. 

District  number  two  (2)  shall  consist  of  the  county  of  Queens. 

District  number  three  (3)  shall  consist  of  that  part  of  the 
county  of  Kings  comprising  the  first,  second,  third,  fourth,  fifth 
and  sixth  wards  of  the  city  of  Brooklyn. 

District  number  four  (4)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  seventh,  thirteenth,  nineteenth  and 
twenty-first  wards  of  the  city  of  Brooklyn. 

District  number  five  (5)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighth,  tenth,  twelfth  and  thirtieth  wards 
of  the  city  of  Brooklyn,  and  the  ward  of  the  city  of  Brooklyn 
which  was  formerly  the  town  of  Gravesend. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         49 

Article  III,  §  3 

District  number  six  (6)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  ninth,  eleventh,  twentieth  and  twenty- 
second  wards  of  the  city  of  Brooklyn. 

District  number  seven  (7)  shall  consist  of  that  part  of  the 
county  of  Kings  comprising  the  fourteenth,  fifteenth,  sixteenth 
and  seventeenth  wards  of  the  city  of  Brooklyn. 

District  number  eight  (8)  shall  consist  of  that  part  of  the 
county  of  Kings  comprising  the  twenty-third,  twenty-fourth, 
twenty-fifth  and  twenty-ninth  wards  of  the  city  of  Brooklyn,  and 
the  town  of  Flatlands. 

District  number  nine  (9)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighteenth,  twenty-sixth,  twenty-seventh 
and  twenty-eighth  wards  of  the  city  of  Brooklyn. 

District  number  ten  (10)  shall  consist  of  that  part  of  the  county 
of  New  York  within  and  bounded  "by  a  line  beginning  at  Canal 
street  and  the  Hudson  river,  and  running  thence  along  Canal 
street,  Hudson  street,  Dominick  street,  Varick  street,  Broome 
street,  Sullivan  street,  Spring  street,  Broadway,  Canal  street,  the 
Bowery,  Division  street,  Grand  street  and  Jackson  street,  to  the 
East  river  and  thence  around  the  southern  end  of  Manhattan 
island,  to  the  place  of  beginning,  and  also  Governor's,  Bedloe's 
and  Ellis  islands. 

District  number  eleven  (11)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  Broad- 
way and  Canal  street,  and  running  thence  along  Broadway, 
Fourth  street,  the  Bowery  and  Third  avenue,  St.  Mark's  place, 
Avenue  A,  Seventh  street,  Avenue  B,  Clinton  street,  Rivington 
street,  Norfolk  street,  Division  street,  Bowery  and  Canal  street, 
to  the  place  of  beginning. 

District  number  twelve  (12)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  ten  and 
eleven  and  within  and  bounded  by  a  line  beginning  at  Jackson 
street  and  the  East  river,  and  running  thence  through  Jackson 
street,  Grand  street,  Division  street,  Norfolk  street,  Riving- 
ton street,  Clinton  street,  Avenue  B,  Seventh  street,  Avenue  A, 
St.  Mark's  place,  Third  avenue,  East  Fourteenth  street  to  the 
East  river,  and  along  the  East  river,  to  the  place  of  beginning. 

District  number  thirteen  (13)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and 


50  NEW  YOKE:  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  III,  §  3 

within  and  bounded  by  a  line  beginning  at  the  Hudson  river  at 
the  foot  of  Canal  street,  and  running  thence  along  Canal  street, 
Hudson  street,  Dominick  street,  Varick  street,  Broome  street, 
Sullivan  street,  Spring  street,  Broadway,  Fourth  street,  the  Bow- 
ery and  Third  avenue,  Fourteenth  street,  Sixth  avenue,  West 
Fifteenth  street,  Seventh  avenue,  West  Nineteenth  street,  Eighth 
avenue,  West  Twentieth  street,  and  the  Hudson  river,  to  the  place 
of  beginning. 

District  number  fourteen  (14)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  twelve  and 
thirteen,  and  within  and  bounded  by  a  line  beginning  at  East 
Fourteenth  street  and  the  East  river,  and  running  thence  along 
East  Fourteenth  street,  Irving  place,  East  Nineteenth  street,  Third 
avenue,  East  Twenty-third  street,  Lexington  avenue,  East  Fifty- 
third  street,  Third  avenue,  East  Fifty-second  street,  and  the  East 
river,  to  the  place  of  beginning. 

District  number  fifteen  (15)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  West 
Fourteenth  street  and  Sixth  avenue,  and  running  thence  along 
Sixth  avenue,  West  Fifteenth  street,  Seventh  avenue,  West 
Fortieth  street,  Eighth  avenue,  and  the  transverse  road  across 
Central  park  at  Ninety-seventh  street,  Fifth  avenue,  East  Ninety- 
sixth  street,  Lexington  avenue,  East  Twenty-third  street,  Third 
avenue,  East  Nineteenth  street,  Irving  place  arid  Fourteenth 
street,  to  the  place  of  beginning. 

District  number  sixteen  (16)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen,  and 
within  and  bounded  by  a  line  beginning  at  Seventh  avenue  and 
West  Nineteenth  street,  and  running  thence  along  West  Nine- 
teenth street,  Eighth  avenue,  West  Twentieth  street,  the  Hudson 
river,  West  Forty-sixth  street,  Tenth  avenue,  West  Forty-third 
street,  Eighth  avenue,  West  Fortieth  street  and  Seventh  avenue, 
to  the  place  of  beginning. 

District  number  seventeen  (17)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  sixteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  Eighth 
avenue  and  West  Forty-third  street,  and  running  thence  along 
West  Forty -third  street,  Tenth  avenue,  West  Forty-sixth  street, 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         51 

Article  III,  §  3 

the  Hudson  river,  West  Eighty-ninth  street,  Tenth  or  Amsterdam 
avenue,  West  Eighty-sixth  street,  Ninth  or  Columbus  avenue, 
West  Eighty -first  street  and  Eighth  avenue,  to  the  place  of  be- 
ginning. 

District  number  eighteen  (18)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  fourteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  East 
Fifty-second  street  and  the  East  river,  and  running  thence  along 
East  Fifty-second  street,  Third  avenue,  East  Fifty  third  street, 
Lexington  avenue,  East  Eighty  fourth  street,  Second  avenue, 
East  Eighty  third  street  and  the  East  river,  to  the  place  of  be- 
ginning; and  also  Blackwell's  island. 

District  number  nineteen  (19)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  seventeen, 
and  within  and  bounded  by  a  line  beginning  at  West  Eighty-ninth 
street  and  the  Hudson  river,  and  running  thence  along  the  Hud- 
son river  and  Spuyten  Duyvil  creek  around  the  northern  end 
of  Manhattan  island ;  thence  southerly  along  the  Harlem  river  to 
the  north  end  of  Fifth  avenue;  thence  along  Fifth  avenue,  East 
One  Hundred  and  Twenty -ninth  street,  Fourth  or  Park  avenue, 
East  One  Hundred  and  Tenth  street,  Fifth  avenue,  the  transverse 
road  across  Central  park  at  Ninety-seventh  street,  Eighth  avenue, 
West  Eighty-first  street,  Ninth  or  Columbus  avenue,  West  Eighty 
sixth  street,  Tenth  or  Amsterdam  avenue  and  West  Eighty-ninth 
street,  to  the  place  of  beginning. 

District  number  twenty  (20)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  eighteen 
and  fifteen,  and  within  and  bounded  by  a  line  beginning  at  East 
Eighty -third  street  and  the  East  river,  running  thence  through 
East  Eighty-third  street,  Second  avenue,  East  Eighty-fourth 
street,  Lexington  avenue,  East  Ninety-sixth  street,  Fifth  avenue, 
East  One  Hundred  and  Tenth  street,  Fourth  or  Park  avenue,  East 
One  Hundred  and  Nineteenth  street  to  the  Harlem  river,  and 
along  the  Harlem  and  East  rivers,  to  the  place  of  *begining ;  and 
also  Randall's  island  and  Ward's  island. 

All  of  the  above  districts  in  the  county  of  New  York  bounded 
upon  or  along  the  boundary  waters  of  the  county,  shall  be  deemed 
to  extend  to  the  county  line. 


*  So  in  original. 


52  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  3 

District  number  twenty  one  (21)  shall  consist  of  that  part  of 
the  county  of  New  York  lying  north  of  districts  numbers  nine- 
teen and  twenty,  within  and  bounded  by  a  line  beginning  at  East 
One  Hundred  and  Nineteenth  street  and  the  Harlem  river,  and 
running  thence  along  East  One  Hundred  and  Nineteenth  street, 
Fourth  or  Park  avenue,  One  Hundred  and  Twenty-ninth  street, 
Fifth  avenue  and  the  Harlem  river,  to  the  place  of  beginning; 
and  all  that  part  of  the  county  of  New  York  not  hereinbefore 
described. 

District  number  twenty-two  (22)  shall  consist  of  the  county  of 
Westchester. 

District  number  twenty-three  (23)  shall  consist  of  the  counties 
of  Orange  and  Rockland. 

District  number  twenty-four  (24)  shall  consist  of  the  counties 
of  Dutchess,  Columbia  and  Putnam. 

District  number  twenty-five  (25)  shall  consist  of  the  counties 
of  Ulster  and  Greene. 

District  number  twenty-six  (26)  shall  consist  of  the  counties 
of  Delaware,  Chenango  and  Sullivan. 

District  number  twenty-seven  (27)  shall  consist  of  the  counties 
of  Montgomery,  Fulton,  Hamilton  and  Schoharie. 

District  number  twenty-eight  (28)  shall  consist  of  the  counties 
of  Saratoga,  Schenectady  and  Washington. 

District  number  twenty-nine  (29)  shall  consist  of  the  county  of 
Albany. 

District  number  thirty  (30)  shall  consist  of  the  county  of 
Rensselaer. 

District  number  thirty-one  (31)  shall  consist  of  the  counties  of 
Clinton,  Essex  and  Warren. 

District  number  thirty-two  (32)  shall  consist  of  the  counties 
of  St.  Lawrence  and  Franklin. 

District  number  thirty-three  (33)  shall  consist  of  the  counties 
of  Otsego  and  Herkimer. 

District  number  thirty-four  (34)  shall  consist  of  the  county  of 
Oneida. 

District  number  thirty-five  (35)  shall  consist  of  the  counties 
of  Jefferson  and  Lewis. 

District  number  thirty-six  (36)  shall  consist  of  the  county  of 
Onondaga. 

District  number  thirty-seven  (37)  shall  consist  of  the  counties 
of  Oswego  and  Madison. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         53 

Article  III,  §  3 

District  number  thirty-eight  (38)  shall  consist  of  the  counties 
of  Broome,  Cortland  and  Tioga. 

District  number  thirty-nine  (39)  shall  consist  of  the  counties  of 
Cayuga  and  Seneca. 

District  number  forty  (40)  shall  consist  of  the  counties  of  Che- 
mung,  Tompkins  and  Schuyler. 

District  number  forty-one  (41)  shall  consist  of  the  counties  of 
Steuben  and  Yates. 

District  number  forty- two  (42)  shall  consist  of  the  counties  of 
Ontario  and  Wayne. 

District  number  forty  three  (43)  shall  consist  of  that  part  of 
the  county  of  Monroe  comprising  the  towns  of  Brighton,  Hen- 
rietta, Irondequoit,  Mendon,  Penfield,  Perinton,  Pittsford,  Rush 
and  Webster,  and  the  fourth,  sixth,  seventh,  eighth,  twelfth,  thir- 
teenth, fourteenth,  sixteenth,  seventeenth  and  eighteenth  wards 
of  the  city  of  Rochester,  as  at  present  constituted. 

District  number  forty-four  (44)  shall  consist  of  that  part  of 
the  county  of  Monroe  comprising  the  towns  of  Chili,  Clarkson, 
Gates,  Greece,  Hamlin,  Ogden,  Parma,  Riga,  Sweden  and  Wheat- 
land,  and  the  first,  second,  third,  fifth,  ninth,  tenth,  eleventh,  fif- 
teenth, nineteenth  and  twentieth  wards  of  the  city  of  Rochester, 
as  at  present  constituted. 

District  number  forty-five  (45)  shall  consist  of  the  counties  of 
Niagara,  Genesee  and  Orleans. 

District  number  forty-six  (46)  shall  consist  of  the  counties  of 
Allegany,  Livingston  and  Wyoming. 

District  number  forty-seven  (47)  shall  consist  of  that  part  of 
the  county  of  Erie  comprising  the  first,  second,  third,  sixth,  fif- 
teenth, nineteenth,  twentieth,  twenty-first,  twenty-second,  twenty- 
third  and  twenty-fourth  wards  of  the  city  of  Buffalo,  as  at  present 
constituted. 

District  number  forty-eight  (48)  shall  consist  of  that  part  of 
the  county  of  Erie  comprising  the  fourth,  fifth,  seventh,  eighth, 
ninth,  tenth,  eleventh,  twelfth,  thirteenth,  fourteenth  and  six- 
teenth wards  of  the  city  of  Buffalo,  as  at  present  constituted. 

District  number  forty-nine  (49)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  seventeenth,  eighteenth  and  twenty- 
fifth  wards  of  the  city  of  Buffalo,  as  at  present  constituted;  and 
all  the  remainder  of  the  said  county  of  Erie  not  hereinbefore 
described. 


54  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  3 

District  number  fifty  (50)  shall  consist  of  the  counties  of  Chau- 
tauqua  and  Cattaraugus. 

AMENDMENT   PROPOSED  BUT  NOT   SUBMITTED  TO  THE  PEOPLE 

1.     Single  legislative  body 

(For  proposed  amendment  to  this  and  other  sections  providing  for  a  single 
legislative  body,  see  p.  316.) 

§  4.  An  enumeration  of  the  inhabitants  of  the  State  shall  be 
taken  under  the  direction  of  the  Secretary  of  State,  during  the 
months  of  May  and  June,  in  the  year  one  thousand  nine  hundred 
and  five,  and  in  the  same  months  every  tenth  year  thereafter; 
and  the  said  districts  shall  be  so  altered  by  the  Legislature  at  the 
first  regular  session  after  the  return  of  every  enumeration,  that 
each  senate  district  shall  contain  as  nearly  as  may  be  an  equal 
number  of  inhabitants,  excluding  aliens,  and  be  in  as  compact 
form  as  practicable,  and  shall  remain  unaltered  until  the  return 
of  another  enumeration,  and  shall  at  all  times,  consist  of  contigu- 
ous territory,  and  no  county  shall  be  divided  in  the  formation 
of  a  senate  district  except  to  make  two  or  more  senate  districts 
wholly  in  such  county.  No  town,  and  no  block  in  a  city  inclosed 
by  streets  or  public  ways,  shall  be  divided  in  the  formation  of 
senate  districts ;  nor  shall  any  district  contain  a  greater  excess 
in  population  over  an  adjoining  district  in  the  same  county,  than 
the  population  of  a  town  or  block  therein,  adjoining  such  district. 
Counties,  towns  or  blocks  which,  from  their  location,  may  be  in- 
cluded in  either  of  two  districts,  shall  be  so  placed  as  to  make 
said  districts  most  nearly  equal  in  number  of  inhabitants,  exclud- 
ing aliens. 

No  county  shall  have  four  or  more  senators  unless  it  shall  have 
a  full  ratio  for  each  senator.  No  county  shall  have  more  than 
one-third  of  all  the  senators;  and  no  two  counties  or  the  terri- 
tory thereof  as  now  organized,  which  are  adjoining  counties,  or 
which  are  separated  only  by  public  waters,  shall  have  more  than 
one-half  of  all  the  senators. 

The  ratio  for  apportioning  senators  shall  always  be  obtained  by 
dividing  the  number  of  inhabitants,  excluding  aliens,  by  fifty, 
and  the  Senate  shall  always  be  composed  of  fifty  members,  except 
that  if  any  county  having  three  or  more  senators  at  the  time  of 
any  apportionment  shall  be  entitled  on  such  ratio  to  an  additional 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         55 

Article  III,  $  4 

senator  or  senators,  such  additional  senator  or  senators  shall  be 
given  to  such  county  in  addition  to  the  fifty  senators,  and  the 
whole  number  of  senators  shall  be  increased  to  that  extent. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Removal  of  restrictions  on  number  of  senators  in  counties 

§  4.  An  enumeration  of  the  inhabitants  of  the  state  shall  be 
taken  under  the  direction  of  the  secretary  of  state,  during  the 
months  of  May  and  June,  in  the  year  nineteen  hundred  and  five, 
and  in  the  same  months  every  tenth  year  thereafter ;  and  the  said 
districts  shall  be  so  altered  by  the  legislature  at  the  first  regular 
session  after  the  return  of  every  enumeration,  that  each  senate 
district  shall  contain  as  nearly  as  may  be  an  equal  number  of 
inhabitants,  excluding  aliens,  and  be  in  as  compact  form  as  practi- 
cable, and  shall  remain  unaltered  until  the  return  of  another 
enumeration,  and  shall  at  all  times,  consist  of  contiguous  territory, 
and  no  county  shall  be  divided  in  the  formation  of  a  senate  dis- 
trict except  to  make  two  or  more  senate  districts  wholly  in  such 
county.  No  town,  and  no  block  in  a  city  inclosed  by  streets  or 
public  ways,  shall  be  divided  in  the  formation  of  senate  districts ; 
nor  shall  any  district  contain  a  greater  excess  in  population  over 
an  adjoining  district  in  the  same  county,  than  the  population 
of  a  town  or  block  therein  adjoining  such  district.  Counties, 
towns  or  blocks  which,  from  their  location,  may  be  included  in 
either  of  two  districts,  shall  be  so  placed  as  to  make  said  districts 
most  nearly  equal  in  number  of  inhabitants,  excluding  aliens. 

[No  county  shall  have  four  or  more  senators  unless  it  shall  have 
a  full  ratio  for  each  senator.  No  county  shall  have  more  than 
one-third  of  all  the  senators ;  and  no  two  counties  or  the  territory 
thereof  as  now  organized,  which  are  adjoining  counties,  or  which 
are  separated  only  by  public  waters,  shall  have  more  than  one- 
half  of  all  the  senators.]'  The  ratio  for  apportioning  senators 
shall  always  be  obtained  by  dividing  the  number  of  inhabitants, 
excluding  aliens,  by  fifty,  and  the  senate  shall  always  be  composed 
of  fifty  members,  except  that  if  any  county  having  three  or  more 
senators  at  the  time  of  any  apportionment  shall  be  entitled  on  such 
ratio  to  an  additional  senator  or  senators,  such  additional  senator 
or  senators  shall  be  given  to  such  county  in  addition  to  the  fifty 


56  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  III,  §  4 

senators,  and  the  whole  number  of  senators  shall  be  increased  to 
that  extent. 

1906.     S.  No.  824  (Int.  '681).     (Same  as  A.  No.  1560.) 

S.  J.  495. 

A.  No.  1560  (Int.  1223).     (Same  as  S.  No.  824.) 
A.  J.  1091. 

2.    Formation  of  senate  district  by  joining  Richmond  county  to  portion  of 
New  York  county 

§  4.  An  enumeration  of  the  inhabitants  of  this  state  shall  be 
taken  under  the  direction  of  the  secretary  of  state,  during  the 
months  of  May  and  June,  in  the  year  one  thousand  nine  hundred 
and  five,  and  in  the  same  months  every  tenth  year  thereafter; 
and  the  said  districts  shall  be  so  altered  by  the  legislature  at  the 
first  regular  session  after  the  return  of  every  enumeration,  that 
each  senate  district  shall  contain  as  nearly  as  may  be  an  equal 
number  of  inhabitants,  excluding  aliens,  and  be  in  as  compact  form 
as  practicable,  and  shall  remain  unaltered  until  the  return  of 
another  enumeration,  and  shall,  at  all  times,  consist  of  contiguous 
territory,  and  no  county  shall  be  divided  in  the  formation  of  a 
senate  district  except  to  make  two  or  more  senate  districts  wholly 
in  such  county[.],  and  except  that  a  senate  district  may,  in  the 
discretion  of  the  legislature,  be  formed  by  joining  the  county  of 
Richmond  to  a  portion  of  the  county  of  New  York.  ~No  town, 
and  no  block  in  a  city  inclosed  by  streets  or  public  ways,  shall  be 
divided  in  the  formation  of  senate  districts;  nor  shall  any  dis- 
trict contain  a  greater  excess  in  population  over  an  adjoining 
district  in  the  same  county,  than  the  population  of  a  town  or  block 
therein,  adjoining  such  district.  Counties,  towns  or  blocks  of 
which,  from  their  location,  may  be  included  in  either  of  two 
districts,  shall  be  so  placed  as  to  make  said  districts  most  nearly 
equal  in  number  of  inhabitants,  excluding  aliens.  No  county 
shall  have  four  or  more  senators  unless  it  shall  have  a  full  ratio 
for  each  senator.  No  county  shall  have  more  than  one-third  of  all 
the  senators ;  and  no  two  counties  or  the  territory  thereof  as  now 
organized,  which  are  adjoining  counties,  or  which  are  separated 
only  by  public  waters,  shall  have  more  than  one-half  of  all  the 
senators.  The  ratio  for  apportioning  the  senators  shall  always 
be  obtained  by  dividing  the  number  of  inhabitants,  excluding 
aliens,  by  fifty,  and  the  senate  shall  always  be  composed  of  fifty 
members,  except  that  if  any  county  having  three  or  more  senators 
at  the  time  of  any  apportionment  shall  be  entitled  on  such  ratio 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         57 

Article  III,  §  4 

to  an  additional  senator  or  senators,  such  additional  senator  or 
senators  shall  be  given  to  such  county  in  addition  to  the  fifty 
senators,  and  the  whole  number  of  senators  shall  be  increased 
to  that  extent. 

1908.  A.  No.  456  (Int.  435). 

A.  J.  131. 

1909.  A.  No.  841   (Int.  770). 

A.  J.  456. 

3.     Formation  of  senate  district  by  joining  Richmond  county  to  portion  of 
New  York  county  —  additional  senators  for  counties  with  two  or  more 

§  4.  An  enumeration  of  the  inhabitants  of  this  state  shall  be 
taken  under  the  direction  of  the  secretary  of  state,  during  the 
months  of  May  and  June,  in  the  year  one  thousand  nine  hundred 
and  five,  and  in  the  same  months  every  tenth  year  thereafter; 
and  the  said  districts  shall  be  so  altered  by  the  legislature  at 
the  first  regular  session  after  the  return  of  every  enumeration, 
that  each  senate  district  shall  contain  as  nearly  as  may  be  an 
equal  number  of  inhabitants,  excluding  aliens,  and  be  in  as  com- 
pact form  as  practicable,  and  shall  remain  unaltered  until  the  re- 
turn of  another  enumeration,  and  shall,  at  all  times,  consist  of 
contiguous  territory,  and  no  county  shall  be  divided  in  the  forma- 
tion of  a  senate  district  except  to  make  two  or  more  senate  districts 
wholly  in  such  county  [.J,  and  except  that  a  senate  district  may, 
in  the  discretion  of  the  legislature,  be  formed  by  joining  the  county 
of  Richmond  to  a  portion  of  the  county  of  New  York.  ~No  town, 
and  no  block  in  a  city  inclosed  by  streets  or  public  ways,  shall  be 
divided  in  the  formation  of  senate  districts ;  nor  shall  any  district 
contain  a  greater  excess  in  population  over  an  adjoining  district 
in  the  same  county,  than  the  population  of  a  town  or  block  therein 
adjoining  such  district.  Counties,  towns  or  blocks  of  which,  from 
their  location,  may  be  included  in  either  of  two  districts,  shall 
be  so  placed  as  to  make  said  districts  most  nearly  equal  in  number 
of  inhabitants,  excluding  aliens.  ~No  county  shall  have  four  or 
more  senators  unless  it  shall  have  a  full  ratio  for  each  senator. 
No  county  shall  have  more  than  one-third  of  all  the  senators ;  and 
no  two  counties  or  the  territory  thereof  as  now  organized,  which 
are  adjoining  counties,  or  which  are  separated  only  by  public 
waters,  shall  have  more  than  one-half  of  all  the  senators.  The 
ratio  for  apportioning  the  senators  shall  always  be  obtained  by 
dividing  the  number  of  inhabitants,  excluding  aliens,  by  fifty,  and 
the  senate  shall  always  be  composed  of  fifty  members,  except  that 


58  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  III,  $  4 

if  any  county  having  [three]  two  or  more  senators  at  the  time 
of  any  apportionment  shall  be  entitled  on  such  ratio  to  an  addi- 
tional senator  or  senators,  such  additional  senator  or  senators  shall 
be  given  to  such  county  in  addition  to  the  fifty  senators,  and  the 
whole  number  of  senators  shall  be  increased  to  that  extent. 

1908.     S.  No.  211  (Int.  203). 
S.  J.  66. 

4.     Single  legislative  "body 

(For  proposed  amendment  to  this  and  other  sections  providing  for  a  single 
legislative  body,  see  p.  316.) 

§  5.  The  members  of  the  Assembly  shall  be  chosen  by  single 
districts,  and  shall  be  apportioned  by  the  Legislature  at  the  first 
regular  session  after  the  return  of  every  enumeration  among  the 
several  counties  of  the  State,  as  nearly  as  may  be  according  to 
the  number  of  their  respective  inhabitants,  excluding  aliens. 
Every  county  heretofore  established  and  separately  organized, 
except  the  county  of  Hamilton,  shall  always  be  entitled  to  one 
member  of  assembly,  and  no  county  shall  hereafter  be  erected 
unless  its  population  shall  entitle  it  to  a  member.  The  county  of 
Hamilton  shall  elect  with  the  county  of  Fulton,  until  the  popu- 
lation of  the  county  of  Hamilton  shall,  according  to  the  ratio, 
entitle  it  to  a  member.  But  the  Legislature  may  abolish  the  said 
county  of  Hamilton  and  annex  the  territory  thereof  to  some  other 
county  or  counties.  The  quotient  obtained  by  dividing  the  whole 
number  of  inhabitants  of  the  State,  excluding  aliens,  by  the  num- 
ber of  members  of  assembly,  shall  be  the  ratio  for  apportionment, 
which  shall  be  made  as  follows:  One  member  of  assembly  shall 
be  apportioned  to  every  county,  including  Fulton  and  Hamilton 
as  one  county,  containing  less  than  the  ratio  and  one-half  over. 
Two  members  shall  be  apportioned  to  every  other  county.  The 
remaining  members  of  assembly  shall  be  apportioned  to  the  coun- 
ties having  more  than  two  ratios  according  to  the  number  of 
inhabitants,  excluding  aliens.  Members  apportioned  on  remain- 
ders shall  be  apportioned  to  the  counties  having  the  highest  re- 
mainders in  the  order  thereof  respectively.  No  county  shall  have 
more  members  of  assembly  than  a  county  having  a  greater  num- 
ber of  inhabitants,  excluding  aliens. 

Until  after  the  next  enumeration,  members  of  the  Assembly 
shall  be  apportioned  to  the  several  counties  as  follows:  Albany 
county,  four  members;  Allegany  county,  one  member;  Broome 


II]      AMENDMENTS  ADOPTED  AND  PKOPOSED,  1895-1914        59 

Article  III,  $  5 

county,  two  members ;  Cattaraugus  county,  two  members ;  Cayuga 
county,  two  members;  Chautauqua  county,  two  members;  Che- 
mung  county,  one  member;  Chenango  county,  one  member;  Clin- 
ton county,  one  member ;  Columbia  county,  one  member ;  Cortland 
county,  one  member;  Delaware  county,  one  member;  Dutchess 
county,  two  members ;  Erie  county,  eight  members,  Essex  county, 
one  member;  Franklin  county,  one  member;  Fulton  and  Hamil- 
ton counties,  one  member;  Genesee  county,  one  member;  Greene 
county,  one  member;  Herkimer  county,  one  member;  Jefferson 
county,  two  members ;  Kings  county,  twenty-one  members ;  Lewis 
county,  one  member;  Livingston  county,  one  member;  Madi- 
son county,  one  member;  Monroe  county,  four  members;  Mont- 
gomery county,  one  member ;  New  York  county,  thirty  five  mem- 
bers ;  Niagara  county,  two  members ;  Oneida  county,  three  mem- 
bers; Onondaga  county,  four  members;  Ontario  county,  one 
member ;  Orange  county,  two  members ;  Orleans  county,  one  mem- 
ber; Oswego  county,  two  members;  Otsego  county,  one  member; 
Putnam  county,  one  member;  Queens  county,  three  members; 
Rensselaer  county,  three  members;  Richmond  county,  one  mem- 
ber; Rockland  county,  one  member;  St.  Lawrence  county,  two 
members;  Saratoga  county,  one  member;  Schenectady  county, 
one  member;  Schoharie  county,  one  member;  Schuyler  county, 
one  member;  Seneca  county,  one  member;  Steuben  county,  two 
members;  Suffolk  county,  two  members;  Sullivan  county,  one 
member;  Tioga  county,  one  member;  Tompkins  county,  one  mem- 
ber; Ulster  county,  two  members;  Warren  county,  one  member; 
Washington  county,  one  member;  Wayne  county,  one  member; 
Westchester  county,  three  members ;  Wyoming  county,  one  mem- 
ber, and  Yates  county,  one  member. 

In  any  county  entitled  to  more  than  one  member,  the  board  of 
supervisors,  and  in  any  city  embracing  an  entire  county  and  hav- 
ing no  board  of  supervisors,  the  common  council,  or  if  there  be 
none,  the  body  exercising  the  powers  of  a  common  council,  shall 
assemble  on  the  second  Tuesday  of  June,  one  thousand  eight  hun- 
dred and  ninety-five,  and  at  such  times  as  the  Legislature  making 
an  apportionment  shall  prescribe,  and  divide  such  counties  into 
assembly  districts  as  nearly  equal  in  number  of  inhabitants, 
excluding  aliens,  as  may  be,  of  convenient  and  contiguous  terri- 
tory in  as  compact  form  as  practicable,  each  of  which  shall  be 


60  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  5 

wholly  within  a  senate  district  formed  under  the  same  appor- 
tionment, equal  to  the  number  of  members  of  assembly  to  which 
such  county  shall  be  entitled,  and  shall  cause  to  be  filed  in  the 
office  of  the  Secretary  of  State  and  of  the  clerk  of  such  county, 
a  description  of  such  districts,  specifying  the  number  of  each  dis- 
trict and  of  the  inhabitants  thereof,  excluding  aliens,  according 
to  the  last  preceding  enumeration;  and  such  apportionment  and 
districts  shall  remain  unaltered  until  another  enumeration  shall 
be  made,  as  herein  provided;  but  said  division  of  the  city  of 
Brooklyn  and  the  county  of  Kings  to  be  made  on  the  second 
Tuesday  of  June,  one  thousand  eight  hundred  and  ninety-five, 
shall  be  made  by  the  common  council  of  the  said  city  and  the 
board  of  supervisors  of  said  county,  assembled  in  joint  session. 
In  counties  having  more  than  one  senate  district,  the  same  num- 
ber of  assembly  districts  shall  be  put  in  each  senate  district,  un- 
less the  assembly  districts  cannot  be  evenly  divided  among  the 
senate  districts  of  any  county,  in  which  case  one  more  assembly 
district  shall  be  put  in  the  senate  district  in  such  county  having 
the  largest,  or  one  less  assembly  district  shall  be  put  in  the  senate 
district  in  such  county  having  the  smallest  number  of  inhabitants, 
excluding  aliens,  as  the  case  may  require.  No  town,  and  no 
block  in  a  city  inclosed  by  streets  or  public  ways,  shall  be  divided 
in  the  formation  of  assembly  districts,  nor  shall  any  district  con- 
tain a  greater  excess  in  population  over  an  adjoining  district 
in  the  same  senate  district,  than  the  population  of  a  town  or  block 
therein  adjoining  such  assembly  district.  Towns  or  blocks  which, 
from  their  location,  may  be  included  in  either  of  two  districts, 
shall  be  so  placed  as  to  make  said  districts  most  nearly  equal  in 
number  of  inhabitants,  excluding  aliens;  but  in  the  division  of 
cities  under  the  first  apportionment,  regard  shall  be  had  to  the 
number  of  inhabitants,  excluding  aliens,  of  the  election  districts 
according  to  the  State  enumeration  of  one  thousand  eight  hun- 
dred and  ninety-two,  so  far  as  may  be,  instead  of  blocks.  Noth- 
ing in  this  section  shall  prevent  the  division,  at  any  time,  of  coun- 
ties and  towns,  and  the  erection  of  new  towns  by  the  Legislature. 
An  apportionment  by  the  Legislature,  or  other  body,  shall  be 
subject  to  review  by  the  Supreme  Court,  at  the  suit  of  any  citizen, 
under  such  reasonable  regulations  as  the  Legislature  may  pre- 
scribe; and  any  court  before  which  a  cause  may  be  pending  in- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         61 

Article  III,  $  5 

volving  an  apportionment,  shall  give  precedence  thereto  over  all 
other  causes  and  proceedings,  and  if  said  court  be  not  in  session 
it  shall  convene  promptly  for  the  disposition  of  the  same. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Additional  assemblyman  for  New  York  county 

§  5.  The  members  of  the  assembly  shall  be  chosen  by  single 
districts  and  shall  be  apportioned  by  the  legislature  at  the  first 
regular  session  after  the  return  of  every  enumeration  among  the 
several  counties  of  the  state  as  nearly  as  may  be  according  to  the 
number  of  their  respective  inhabitants  excluding  aliens.  Every 
county  heretofore  established  and  separately  organized  except  the 
county  of  Hamilton  shall  always  be  entitled  to  one  member  of 
assembly,  and  no  county  shall  hereafter  be  erected  unless  its  popu- 
lation shall  entitle  it  to  a  member.  The  county  of  Hamilton  shall 
elect  with  the  county  of  Fulton,  until  the  population  of  the  county 
of  Hamilton  shall,  according  to  the  ratio,  entitle  it  to  a  member. 
But  the  legislature  may  abolish  the  said  county  of  Hamilton  and 
annex  the  territory  thereof  to  some  other  county  or  counties.  The 
quotient  obtained  by  dividing  the  whole  number  of  inhabitants  of 
the  state,  excluding  aliens,  by  the  number  of  members  of  assembly, 
shall  be  the  ratio  for  apportionment,  which  shall  be  made  as  fol- 
lows: One  member  of  assembly  shall  be  apportioned  to  every 
county  including  Fulton  and  Hamilton  as  one  county,  containing 
less  than  the  ratio  and  one-half  over.  Two  members  shall  be  ap- 
portioned to  every  other  county.  The  remaining  members  [of 
assembly]  shall  be  apportioned  to  the  counties  having  more  than 
two  ratios  according  to  the  number  of  inhabitants,  excluding  aliens. 
Members  apportioned  on  remainders  shall  be  apportioned  to  the 
counties  having  the  highest  remainders  on  the  order  thereof  re- 
spectively. No  county  shall  have  more  members  of  assembly  than 
a  county  having  a  greater  number  of  inhabitants,  excluding  aliens. 
Until  after  the  next  enumeration,  members  of  the  assembly  shall 
be  apportioned  to  the  several  counties  as  follows :  Albany  county, 
four  members;  Allegany  county,  one  member;  Broome  county, 
two  members ;  Cattaraugus  county,  two  members ;  Cayuga  county, 
two  members;  Chautauqua  county,  two  members;  Chemung 
county,  one  member;  Chenango  county,  one  member;  Clinton 
county,  one  member;  Columbia  county,,  one  member;  Cortland 
county,  one  member;  Delaware  county,  one  member;  Dutchess 


62  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  5 

county,  two  members ;  Erie  county,  eight  members ;  Essex  county, 
one  member ;  Franklin  county,  one  member ;  Fulton  and  Hamilton 
counties,  one  member;  Genesee  county,  one  member;  Greene 
county,  one  member;  Herkimer  county,  one  member;  Jefferson 
county,  two  members;  Kings  county,  twenty-one  members;  Lewis 
county,  one  member ;  Livingston  county,  one  member ;  Madison 
county,  one  member ;  Monroe  county,  four  members ;  Montgomery 
county,  one  member;  New  York  county,  [thirty-five]:  thirty-six; 
Niagara  county,  two  members;  Oneida  county,  three  members; 
Onondaga  county,  four  members ;  Ontario  county,  one  member ; 
Orange  county,  two  members ;  Orleans  county,  one  member ;  Os- 
wego  county,  two  members ;  Otsego  county,  one  member ;  Putnam 
county,  one  member ;  Queens  county,  three  members ;  Rensselaer 
county,  three  members ;  Richmond  county ;  one  member ;  Rockland 
county,  one  member ;  Saint  Lawrence  county,  two  members ;  Sara- 
toga county,  one  member ;  Schenectady  county,  one  member ;  Scho- 
harie  county,  one  member ;  Schuyler  county,  one  member ;  Seneca 
county,  one  member;  Steuben  county,  two  members;  Suffolk 
county,  two  members ;  Sullivan  county,  one  member ;  Tioga  county, 
one  member ;  Tompkins  county,  one  member ;  Ulster  county,  two 
members ;  Warren  county,  one  member ;  Washington  county,  one 
member;  Wayne  county,  one  member;  Westchester  county,  three 
members;  Wyoming  county,  one  member,  and  Yates  county,  one 
member.  In  any  county  entitled  to  more  than  one  member,  the 
board  of  supervisors,  and  in  any  city  embracing  an  entire  county 
and  having  no  board  of  supervisors,  the  common  council,  or  if 
there  be  none,  the  body  exercising  the  powers  of  a  common  council, 
shall  assemble  on  the  second  Tuesday  of  June,  eighteen  hundred 
and  ninety-five,  and  at  such  times  as  the  legislature  making  an 
apportionment  shall  prescribe,  and  divide  such  counties  into  as- 
sembly districts  as  nearly  equal  in  number  of  inhabitants,  exclud- 
ing aliens,  as  may  be,  of  convenient  and  contiguous  territory  in  as 
compact  form  as  practicable,  each  of  which  shall  be  wholly  within 
a  senate  district  formed  under  the  same  apportionment,  equal  to 
the  number  of  members  of  assembly  to  which  such  county  shall  be 
entitled,  and  shall  cause  to  be  filed  in  the  office  of  the  secretary 
of  state  and  of  the  clerk  of  such  county,  a  description  of  such  dis- 
tricts, specifying  the  number  of  each  district  and  of  the  inhab- 
itants thereof,  excluding  aliens,  according  to  the  last  preceding 
enumeration;  and  such  apportionment  and  districts  shall  remain 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914        63 

Article  III,  §  5 

unaltered  until  another  enumeration  shall  be  made,  as  herein  pro- 
vided ;  but  said  division  of  the  city  of  Brooklyn  and  the  county  of 
Kings  to  be  made  on  the  second  Tuesday  of  June,  eighteen  hun- 
dred and  ninety-five,  shall  be  made  by  the  common  council  of  the 
said  city  and  the  board  of  supervisors  of  said  county,  assembled  in 
joint  session.  In  counties  having  more  than  one  senate  district; 
the  same  number  of  assembly  districts  shall  be  put  in  each  senate 
district,  unless  the  assembly  districts  cannot  be  evenly  divided 
among  the  senate  districts  of  any  county,  in  which  case  one  more 
assembly  district  shall  be  put  in  the  senate  district  in  such  county 
having  the  largest  or  one  less  assembly  district  shall  be  put  in  the 
senate  district  having  the  smallest  number  of  inhabitants,  exclud- 
ing aliens,  as  the  case  may  require.  No  town,  and  no  block  in  a 
city  inclosed  by  streets  or  public  ways,  shall  be  divided  in  the 
formation  of  assembly  districts,  nor  shall  any  district  contain  a 
greater  excess  in  population  over  an  adjoining  district  in  the  same 
senate  district  than  the  population  of  a  town  or  block  therein  ad- 
joining such  assembly  district.  Towns  or  blocks  which,  from  their 
location  may  be  included  in  either  of  two  districts,  shall  be  so 
placed  as  to  make  said  district  most  nearly  equal  in  number  of 
inhabitants,  excluding  aliens;  but  in  the  division  of  cities  under 
the  first  apportionment,  regard  shall  be  had  to  the  number  of  in- 
habitants, excluding  aliens,  of  the  election  districts  according  to 
the  state  enumeration  of  eighteen  hundred  and  ninety-two,  so  far 
as  may  be,  instead  of  blocks.  Nothing  in  this  section  shall  pre- 
vent the  division,  at  any  time,  of  counties  and  towns,  and  the 
erection  of  new  towns  by  the  legislature.  An  apportionment  by 
the  legislature,  or  other  body,  shall  be  subject  to  review  by  the 
supreme  court,  at  the  suit  of  any  citizen,  under  such  reasonable 
regulations  as  the  legislature  may  prescribe ;  and  any  court  before 
which  a  cause  may  be  pending  involving  an  apportionment,  shall 
give  precedence  thereto  over  all  other  causes  and  proceedings,  and 
if  said  court  be  not  in  session  it  shall  convene  promptly  for  the 
disposition  of  the  same.  The  municipal  assembly  of  the  city  of 
New  York,  or  the  body  exercising  the  powers  of  common  council 
in  said  city  shall  cause  an  enumeration  to  be  made  of  the  inhabi- 
tants of  senate  district  number  twenty-one  referred  to  in  section 
three  of  this  article,,  by  the  police  authorities  of  the  city  of  New 
York,  upon  the  approval  of  this  act,  in  the  month  of  January, 
nineteen  hundred  and  one,  and  the  said  municipal  assembly  of 


64  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  5 

the  city  of  Neiu  York,  or  the  body  exercising  the  powers  of  com- 
mon council  in  said  city,  shall  thereupon,  and  on  or  before  the 
second  Tuesday  of  June,  nineteen  hundred  and  one,  shall  divide 
the  said  senate  district  number  tiventy-one  into  three  assembly 
districts,  of  as  nearly  an  equal  number  of  inhabitants,  excluding 
aliens,  as  may  be,  regard  being  had  to  the  number  of  inhabitants, 
excluding  aliens,  according  to  said  enumeration. 

(For  preceding  section  of  this  resolution,  see  proposed  amendment  to 
Art.  Ill,  §  2,  p.  48.) 

1899.     A.  No.  310  (Int.  302). 
A.  J.  132. 

2.     Single  legislative  body 

(For  proposed  amendment  to  this  and  other  sections  providing  for  a  single 
legislative  body,  see  p.  316.) 

§  6.  Each  member  of  the  Legislature  shall  receive  for  his  serv- 
ices an  annual  salary  of  one  thousand  five  hundred  dollars.  The 
members  of  either  house  shall  also  receive  the  sum  of  one  dollar 
for  every  ten  miles  they  shall  travel  in  going  to  and  returning 
from  their  place  of  meeting,  once  in  each  session  on  the  most 
usual  route.  Senators,  when  the  Senate  alone  is  convened  in 
extraordinary  session,  or  when  serving  as  members  of  the  Court 
for  the  Trial  of  Impeachments,  and  such  members  of  the  Assembly, 
not  exceeding  nine  in  number,  as  shall  be  appointed  managers  of 
an  impeachment,  shall  receive  an  additional  allowance  of  ten 
dollars  a  day. 

AMENDMENT   SUBMITTED  TO  THE  PEOPLE  BUT  REJECTED 
1.     Salaries  and  mileage  of  senators  and  assemblymen 

§  6.  Each  member  of  the  legislature  shall  receive  for  his  serv- 
ices an  annual  salary  [of  one  thousand  five  hundred  dollars.]  as 
follows:  Each  member  of  the  senate  the  sum  of  three  thousand 
five  hundred  dollars  and  each  member  of  the  assembly  the  sum  of 
three  thousand  dollars.  The  members  of  either  house  shall  also 
receive  the  sum  of  [one  dollar]  three  cents  for  [every  ten  miles] 
each  mile  they  shall  travel  in  going  to  and  returning  from  their 
place  of  meeting,  one  in  each  week  of  actual  attendance  of  the  ses- 
sion, on  the  most  usual  route.  Senators,  when  the  senate  alone  is 
convened  in  extraordinary  session,  or  when  serving  as  members  of 
the  court  for  the  trial  of  impeachments,  and  such  members  of  the 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         65 

Article  III,  §  6 

assembly,  not  exceeding  nine  in  number,  as  shall  be  appointed 
managers  of  an  impeachment,  shall  receive  an  additional  allowance 
of  ten  dollars  a  day. 

1910.  A.  No.  1233  (Int.  349).     To  S.     Amended,  S.  No.  853.     To  Sec.  of 

State. 

A.  J.  123,  625,  699,  753,  827,  858,  1408,  1479. 
S.  J.  399,  464,  502,  568,  573,  666. 

1911.  A.  No.  55  (Int.  55).     (Substituted  for  S.  No.  30.)     To  Sec.  of  State. 

A.  J.  50,  661,  696,  702,  714,  752,  844. 

S.  J.  411,  421. 
S.  No.  30  (Int.  30).     (A.  No.  55  substituted.) 

S.  J.  23,  '285,  334,  364,  411. 
Eejected  Nov.  7,  1911. 

Vote:     for,  267,194;   against,  352,830. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Salaries  of  senators  and  assemblymen 

§  6.  Each  member  of  the  [legislature]  senate  shall  receive  for 
his  services  an  annual  salary  of  [one]  five  thousand  [five  hun- 
dred] dollars.  Each  member  of  the  assembly  shall  receive  for  his 
services  an  annual  salary  of  three  thousand  five  hundred  dollars. 
The  members  of  either  house  shall  also  receive  the  sum  of  one 
dollar  for  every  ten  miles  they  shall  travel  in  going  to  and  return- 
ing from  their  place  of  meeting,  once  in  each  session,  on  the  most 
iisual  route.  Senators,  when  the  senate  alone  is  convened  in  ex- 
traordinary session,  or  when  serving  as  members  of  the  court  for 
the  trial  of  impeachment,  and  such  members  of  the  assembly,  not 
exceeding  nine  [in  number]  members,  as  shall  be  appointed 
managers  of  an  impeachment,  shall  receive  an  additional  allow- 
ance of  ten  dollars  a  day. 

1903.     S.  No.  371  (Int.  328). 
S.  J.  165. 

§  6.  Each  member  of  the  [legislature]  senate  shall  receive  for 
his  services  an  annual  salary  of  [one]  five  thousand  [five  hun- 
dred] dollars[.]y  and  each  member  of  the  assembly  shall  receive 
for  his  services  an  annual  salary  of  three  thousand  dollars.  The 
members  of  either  house  shall  also  receive  the  sum  of  one  dollar 
for  every  ten  miles  they  shall  travel  in  going  to  and  returning 
from  their  place  of  meeting,  once  in  each  session,  on  the  most  usual 
route.  Senators,  when  the  senate  alone  is  convened  in  extraor- 
dinary session,  or  when  serving  as  members  of  the  court  for  the 
trial  of  impeachments,  and  such  members  of  the  assembly,  not 
exceeding  nine  [in  number]  members,  as  shall  be  appointed 


66  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  6 

managers  of  an  impeachment,  shall  receive  an  additional  allow- 
ance of  ten  dollars  a  day. 

(For  preceding  section  of  this  resolution,  see  proposed  amendment  to 
Art.  Ill,  §  2,  p.  46.) 

1906.  A.  No.  1407  (Int.  1133). 

A.  J.  943. 

§  6.  Each  member  of  the  legislature  shall  receive  for  his  serv- 
ices an  annual  salary  of  three  thousand  [one  thousand  five  hun- 
dred] dollars.  The  members  of  either  house  shall  also  receive 
the  sum  of  one  dollar  for  every  ten  miles  they  shall  travel  in  going 
to  and  returning  from  their  place  of  meeting,  [once]  one  in  each 
session,  on  the  most  usual  route.  Senators,  when  the  senate  alone 
is  convened  in  extraordinary  session,  or  when  serving  as  members 
of  the  court  for  the  trial  of  impeachments,  and  such  members  of 
the  assembly,  not  exceeding  nine  [in  number]  members,,  as  shall 
be  appointed  managers  of  an  impeachment,  shall  receive  an  addi- 
tional allowance  of  ten  dollars  a  day. 

1907.  A.  No.  509  (Int.  496). 

A.  J.  143,  2918. 

1908.  A.  No.  4  (Int.  4). 

A.  J.  26,  1726. 

1909.  A.  No.  181  (Int.  181). 

A.  J.  57. 

§  6.  Each  member  of  the  legislature  shall  receive  for  his  serv- 
ices an  annual  salary  [of  one  thousand  five  hundred  dollars.]  as 
follows:  For  senator,,  $5,000,  and  for  assemblyman,  $2,500.  The 
members  of  either  house  shall  also  receive  the  sum  of  [one  dollar] 
$1  for  every  ten  miles  they  shall  travel  in  going  to  and  returning 
from  their  place  of  meeting,  once  in  each  session,  on  the  most  usual 
route.  Senators,  when  the  Senate  alone  is  convened  in  extraordin- 
ary session,  or  when  serving  as  members  of  the  court  for  the  trial 
of  impeachments,  and  such  members  of  the  Assembly,  not  ex- 
ceeding nine  [in  number]  members,  as  shall  be  appointed  man- 
agers of  an  impeachment,  shall  receive  an  additional  allowance  of 
[ten  dollars  ]  $10  a  day. 

1908.     S.  No.  657  (Int.  565). 
S.  J.  299. 

§  6.  Each  member  of  the  legislature  shall  receive  for  his  services 
an  annual  salary  [of  one  thousand  five  hundred  dollars.]  as  fol- 
lows: Each  member  of  the  senate  the  sum  of  three  thousand  five 
hundred  dollars  and  each  member  of  the  assembly  the  sum  of 


I 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         67 

Article  III,  $  10 

three  thousand  dollars.  The  members  of  either  house  shall  also 
receive  the  sum  of  one  dollar  for  every  ten  miles  they  shall  travel 
in  going  to  and  returning  from  their  place  of  meeting,  once  in 
each  session,  on  the  most  usual  route.  Senators,  when  the  senate 
alone  is  convened  in  extraordinary  session,  or  when  serving  as 
members  of  the  court  for  the  trial  of  impeachments,  and  such  mem- 
bers of  the  assembly,  not  exceeding  nine  in  number,  as  shall  be 
appointed  managers  of  an  impeachment,  shall  receive  an  addi- 
tional allowance  of  ten  dollars  a  day. 

1910.     S.  No.  679  (Int.. 188). 

S.  J.  61,  366,  417,  638. 
1912.     A.  No.  907  (Int.  833). 

A.  J.  368. 

2.  Mileage  of  senators  and  assemblymen 

§  6.  Each  member  of  the  Legislature  shall  receive  for  his  serv- 
ices an  annual  salary  of  one  thousand  five  hundred  dollars.  The 
members  of  either  house  shall  also  receive  the  sum  of  one  dollar 
for  every  ten  miles  they  shall  travel  in  going  to  and  returning 
from  their  place  of  meeting,  [once]  twelve  times  in  each  session, 
on  the  most  usual  route.  Senators,  when  the  Senate  alone  is  con- 
vened in  extraordinary  session,  or  when  serving  as  members  of  the 
Court  for  the  Trial  of  Impeachments,  and  such  Members  of  the 
Assembly,  not  exceeding  nine  in  number,  as  shall  be  appointed 
managers  of  an  impeachment,  shall  receive  an  additional  allowance 
of  ten  dollars  a  day. 

1895.     A.  No.  2780  (Int.  1741).     To  S. 
A.  J.  3873. 
S.  J.  2011. 

3.  Biennial  sessions  of  legislature  —  salaries  and  terms  of  legislators  — 

appropriations  —  apportionment 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature,  changing  the  salaries  and  terms  of  the  legislators 
and  regulating  the  making  of  appropriations  and  apportionment  of  legis- 
lators, see  p.  311.) 

4.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor,  and  providing  for  the  short  ballot,  see  p.  319.) 

§  10.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business.  Each  house  shall  determine  the  rules  of  its  own  pro- 
ceedings, and  be  the  judge  of  the  elections,  returns  and  qualifica- 


68  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  $  10 

tions  of  its  own  members ;  shall  choose  its  own  officers ;  and  the 
Senate  shall  choose  a  temporary  president  to  preside  in  case  of  the 
absence  or  impeachment  of  the  Lieutenant-Governor,  or  when  he 
shall  refuse  to  act  as  president,  or  shall  act  as  Governor. 

AMENDMENT   PROPOSED  BUT   NOT   SUBMITTED  TO  THE  PEOPLE 

1.     Rules  regulating  the  introduction  of  bills 

§  10.  A  majority  of  each  house  shall  constitute  a  quorum  to 
do  business.  Each  house  shall  determine  the  rules  of  its  own 
proceedings,  and  be  the  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members ;  [shall]  choose  its  own  officers ;  and 
the  Senate  shall  choose  a  temporary  president  to  preside  in  case 
of  the  absence  or  impeachment  of  the  Lieutenant-Governor,  or 
when  he  snail  refuse  to  act  as  president,  or  shall  act  as  Governor. 
The  legislature  may  make  such  rules  as  are  necessary  to  regulate 
and  limit  the  introduction  of  bills  during  each  session. 

1910.  A.  No.  1704  (Int.  1317).  To  ®. 

A.  J.  1182,  3263,  3273,  3330,  3398,  3531,  3674. 
S.  J.  1920. 

§  14.  The  enacting  clause  of  all  bills  shall  be  ' '  The  People  of  the 
State  of  New  York,  represented  in  Senate  and  Assembly,  do  enact 
as  follows, ' '  and  no  law  shall  be  enacted  except  by  bill. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Initiative  and  referendum 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative  and  the  referendum,  see  p.  271.) 

2.  Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum  and  the  recall,  see  p.  293.) 

§  15.  No  bill  shall  be  passed  or  become  a  law  unless  it  shall  have 
been  printed  and  upon  the  desks  of  the  members,  in  its  final  form, 
at  least  three  calendar  legislative  days  prior  to  its  final  passage, 
unless  the  Governor,  or  the  acting  Governor,  shall  have  certified 
to  the  necessity  of  its  immediate  passage,  under  his  hand  and  the 
seal  of  the  State;  nor  shall  any  bill  be  passed  or  become  a  law, 
except  by  the  assent  of  a  majority  of  the  members  elected  to  each 
branch  of  the  Legislature;  and  upon  the  last  reading  of  a  bill, 
no  amendment  thereof  shall  be  allowed,  and  the  question  upon  its 
final  passage  shall  be  taken  immediately  thereafter,  and  the  yeas 
and  nays  entered  on  the  journal. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         69 

Article  III,  §  18 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Requiring  opinion  of  court  of  appeals  on  pending  bills 

§  15.  (Proposal  to  add  the  following:)  Each  house  of  the 
legislature  shall  have  authority  to  require  the  opinions  of  the 
judges  of  the  court  of  appeals  upon  important  bills  pending  in 
the  legislature,  before  their  third  reading,  as  to  their  constitu- 
tionality excepting,  however,  private  or  local  bills. 

1913.     A.  No.  180  (Int.  177). 

A.  J.  64,  1054,  1116,  1158,  1270,  1564,  1947,  2010. 

2.  Initiative  and  referendum 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative  and  the  referendum,  see  p.  271.) 

§  18.  The  Legislature  shall  not  pass  a  private  or  local  bill  in 
any  of  the  following  cases : 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  impaneling  grand  or  petit 
jurors. 

Regulating  the  rate  of  interest  on  money. 

The  opening  and  conducting  of  elections  or  designating  places 
of  voting. 

Creating,  increasing  or  decreasing  fees,  percentages  or  allow- 
ances of  public  officers,  during  the  term  for  which  said  officers 
are  elected  or  appointed. 

Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual 
any  exclusive  privilege,  immunity  or  franchise  whatever. 

Providing  for  building  bridges,  and  chartering  companies  for 
such  purposes,  except  on  the  Hudson  river  below  Waterford,  and 
on  the  East  river,  or  over  the  waters  forming  a  part  of  the  bound- 
aries of  the  State. 


70  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  III,  §  18 

The  Legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which  in  its 
judgment  may  be  provided  for  by  general  laws.  But  no  law  shall 
authorize  the  construction  or  operation  of  a  street  railroad  except 
upon  the  condition  that  the  consent  of  the  owners  of  one-half  in 
value  of  the  property  bounded  on,  and  the  consent  also  of  the 
local  authorities  having  the  control  of,  that  portion  of  a  street  or 
highway  upon  which  it  is  proposed  to  construct  or  operate  such 
railroad  be  first  obtained,  or  in  case  the  consent  of  such  property 
owners  cannot  be  obtained,  the  Appellate  Division  of  the  Supreme 
Court,  in  the  department  in  which  it  is  proposed  to  be  constructed, 
may,  upon  application,  appoint  three  commissioners  who  shall 
determine,  after  a  hearing  of  all  parties  interested,  whether  such 
railroad  ought  to  be  constructed  or  operated,  and  their  determina- 
tion, confirmed  by  the  court,  may  be  taken  in  lieu  of  the  consent 
of  the  property  owners. 

AMENDMENT   SUBMITTED  TO  THE   PEOPLE   AND  ADOPTED 

§  18.  The  legislature  shall  not  pass  a  private  or  local  bill  in  any 
of  the  following  cases: 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  empaneling  grand  or  petit 
jurors. 

Regulating  the  rate  of  interest  on  money. 

The  opening  and  conducting  of  elections  or  designating  places 
of  voting. 

Creating,  increasing  or  decreasing  fees,  percentage  or  allow- 
ances of  public  officers,  during  the  term  for  which  said  officers  are 
elected  or  appointed. 

Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual 
any  exclusive  privilege,  immunity  or  franchise  whatever. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         71 

Article  III,  $  18 

Granting  to  any  person,  association,  firm  or  corporation,  an 
exemption  from  taxation  on  real  or  personal  property. 

Providing  for  building  bridges,  and  chartering  companies  for 
such  purposes,  except  on  the  Hudson  river  below  Waterford,  and 
on  the  East  river,  or  over  the  waters  forming  a  part  of  the  bounda- 
ries of  the  state. 

The  legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which  in  its 
judgment  may  be  provided  for  by  general  laws.  But  no  law  shall 
authorize  the  construction  or  operation  of  a  street  railroad  except 
upon  the  condition  that  the  consent  of  the  owners  of  one-half  in 
value  of  the  property  bounded  on,  and  the  consent  also  of  the  local 
authorities  having  the  control  of  that  portion  of  a  street  or  high- 
way upon  which  it  is  proposed  to  construct  or  operate  such  rail- 
road be  first  obtained,  or  in  case  the  consent  of  such  property 
owners  cannot  be  obtained,  the  appellate  division  of  the  supreme 
court,  in  the  department  in  which  it  is  proposed  to  be  constructed, 
may,  upon  application,  appoint  three  commissioners  who  shall 
determine,  after  a  hearing  of  all  parties  interested,  whether  such 
railroad  ought  to  be  constructed  or  operated,  and  their  determina- 
tion, confirmed  by  the  court,  may  be  taken  in  lieu  of  the  consent 
of  the  property  owners. 

1899.  A.  No.  2124  (Int.  1425).  To  Sec.  of  State. 

A.  J.  1812,  2031,  2162,  2300,  2601,  '2642,  2644,  3494. 

S.  J.  1369,  1581,  1769. 
1901.  A.  No.  1488  (Int.  843).  To  Sec.  of  State. 

A.  J.  619,  1152,  1270,  1294,  1444,  1527,  1576,  1658,  1660,  4031. 

S.  J.  847,  1830,  1958,  1959. 
Adopted  Nov.  5,  1901. 

Vote:  for,  354,881;  against,  309,245. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Classification  of  villages,  towns  and  counties  —  general  and  special 
village,  town  and  county  laws  —  acceptance  by  village,  town  or 
county 

§  18.  (Proposal  to  add  the  following:)  The  legislature  may 
divide  the  villages,  the  towns  or  the  counties  of  the  state  into  not 
more  than  three  classes.  Laws  relating  to  the  property,,  affairs  or 
government  of  villages,  *town  or  counties  are  divided  into  general 
and  special  village,  town  and  county  laws;  general  laws  are  those 
relating  to  all  villages,  towns  or  counties  of  one  or  more  classes; 

*  So  in  original. 


72  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  18 

special  laws  are  those  relating  to  a  single  village,  town  or  county 
or  to  less  than  all  the  villages,  toivns  or  counties  of  a  class. 
Special  village,  town  or  county  laws  shall  not  be  enacted  except 
in  conformity  with  the  provisions  of  this  section.  Every  bill  for 
a  special  village,  town  or  county  law,  ten  days  after  its  passage 
by  the  legislature,  unless  vetoed  by  the  governor,  shall  be  trans- 
mitted by  the  secretary  of  state  to  the  clerks  of  the  villages,  towns 
or  counties  to  which  it  relates.  The  village  board  of  trustees,  the 
town  board  or  the  county  boards  of  supervisors  shall  act  for  the 
village,  town  or  county  as  to  such  bill.  The  legislature  shall 
provide  for  a  public  notice  and  opportunity  for  a  public  hearing 
concerning  any  such  bill  in  the  villages,  towns  or  counties  or  parts 
thereof  to  which  it  relates  before  action  thereon.  Whenever  any 
such  bill  has  been  passed  it  shall  be  returned  to  the  legislature 
within  fifteen  days  of  the  sending  of  the  notice  of  its  passage  to 
the  clerics  of  the  villages,  towns  or  counties  to  which  it  relates  with 
or  without  the  acceptance  of  the  village  board  of  trustees,  the 
town  board  or  the  county  board  of  supervisors.  Whenever  during 
the  session  at  which  it  was  passed,  any  such  bill  shall  be  returned 
without  the  acceptance  of  the  villages,  towns  or  counties  or  parts 
thereof  to  which  it  relates  or  within  such  fifteen  days  is  not  re- 
turned, it  may  nevertheless  again  be  passed  by  both  branches  of 
the  legislature  and  it  shall  then  be  subject  as  are  other  bills  to 
the  action  of  the  governor.  In  every  special  law  which  has  been 
accepted  by  the  villages,  towns  or  counties  to  which  it  relates,  the 
title  shall  be  followed  by  the  words  "  accepted  by  the  village  " 
"  accepted  by  the  town  "  "  accepted  by  the  county  "  as  the  case 
may  be;  in  every  such  law  which  is  passed  without  such  acceptance 
by  the  words  "  passed  without  the  acceptance  of  the  village " 
"  passed  without  the  acceptance  of  the  town  "  or  "  passed  Knthout 
the  acceptance  of  the  county  "  as  the  case  may  be. 

1903.     A.  No.  881  (Int.  749). 
A.  J.  451. 

§  18.  (Proposal  to  add  the  following:)  The  legislature  may 
divide  the  counties  of  the  state  into  not  more  than  two  classes. 
Laws  relating  to  the  property,  affairs  or  government  of  villages, 
towns  or  counties  are  divided  into  general  and  special  village, 
town  and  county  laws;  general  laws  are  those  relating  to  all  towns 
or  all  villages  of  the  state  or  to  all  counties  of  one  or  more  classes; 
special  laws  are  those  relating  to  a  single  village,  town  or  county 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914        73 

Article  III,  §  19 

or  to  less  than  all  the  villages  or  towns  of  the  state  or  to  less  than 
all  the  counties  of  a  class.  Special  village,  town  or  county  laws 
shall  not  be  enacted  except  in  conformity  with  the  provisions  of 
this  section. 

No  bill  for  a  special  village,  town  or  county  law  shall 
be  introduced  except  on  petition,  in  each  of  the  villages,  towns  and 
counties  to  which  it  relates,  of  the  village  board  of  trustees,  the 
town  board  or  the  county  board  of  supervisors  or  upon  a  petition 
signed  by  two  per  centum  of  the  legal  voters  of  the  county  in  case 
of  a  county  bill  or  by  ten  per  centum  of  the  legal  voters  of  the 
town  or  village  in  case  of  a  town  or  village  bill.  Every  bill  for  a 
special  village,  town  or  county  law,  ten  days  after  its  passage  by 
the  legislature,  unless  vetoed  by  the  governor,  shall  be  trans- 
mitted by  the  secretary  of  state  to  the  clerks  of  the  villages,  towns 
or  counties  to  which  it  relates.  The  question  of  the  acceptance 
of  the  bill  by  each  such  village,  town  or  county  shall  be  submitted 
to  the  electors  at  the  next  regular  village,  town  or  county  election 
or  may  be  submitted  at  an  election  called  for  the  purpose  by  a 
village  board  of  trustees,  a  town  board  or  a  county  board  of  super- 
visors. The  result  of  such  election  shall  be  certified  to  the  secre- 
tary of  state  by  the  officers  authorized  to  determine  the  same. 
On  the  certificate  of  the  secretary  of  state  that  the  bill  has  re- 
ceived a  majority  vote  in  all  the  villages,  toivns  or  counties  voting 
on  it,  it  shall  become  a  law. 

1903.     A.  No.  1703   (Int.  1267). 
A.  J.  1525. 

§  19.  The  Legislature  shall  neither  audit  nor  allow  any  private 
claim  or  account  against  the  State,  but  may  appropriate  money 
to  pay  such  claims  as  shall  have  been  audited  and  allowed  accord- 
ing to  law. 

AMENDMENT   PROPOSED   BUT   NOT   SUBMITTED   TO   THE   PEOPLE 

1.     Providing  for  private  claims  by  general  laws 

§  19.  The  legislature  shall  [neither]  not  audit  [nor]  or  allow 
any  private  claim  or  account  against  the  state,,  or  provide  there- 
for except  by  general  laws,  but  may  appropriate  money  to  pay 
such  claims  as  shall  have  been  audited  and  allowed  according  to 
law. 

1900.     S.  No.  473  (Int.  427). 
S.  J.  248. 


74  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  III,  §  21 

§  21.  No  money  shall  ever  be  paid  out  of  the  treasury  of  this 
State,  or  any  of  its  funds,  or  any  of  the  funds  under  its  manage- 
ment, except  in  pursuance  of  an  appropriation  by  law;  nor  un- 
less such  payment  be  made  within  two  years  next  after  the  pas- 
sage of  such  appropriation  act;  and  every  such  law  making  a 
new  appropriation,  or  continuing  or  reviving  an  appropriation, 
shall  distinctly  specify  the  sum  appropriated,  and  the  object  to 
which  it  is  to  be  applied ;  and  it  shall  not  be  sufficient  for  such  law 
to  refer  to  any  other  law  to  fix  such  sum. 

AMENDMENT  PROPOSED  BUT  NOT   SUBMITTED  TO   THE   PEOPLE 

1.    Eepayment  of  surplus  state  money  to  counties 

§  21.  Except  as  provided  in  this  section,  no  [No]  money 
shall  ever  be  paid  out  of  the  treasury  of  this  state,  or  any  of  its 
funds,  or  any  of  the  funds  under  its  management,  except  in  pur- 
suance of  an  appropriation  by  law;  nor  unless  such  payment  be 
made  within  two  years  next  after  the  passage  of  such  appropria- 
tion act;  and  every  such  law  making  a  new  appropriation,  or 
continuing  or  reviving  an  appropriation,  shall  distinctly  specify 
the  sum  appropriated,  and  the  object  to  which  it  is  to  be  applied; 
and  it  shall  not  be  sufficient  for  such  law  to  refer  to  any  other  law 
to  fix  such  sum.  All  money  in  the  state  treasury  at  the  end  of  a 
fiscal  year  in  excess  of  the  amount  needed  for  the  current  expenses 
of  such  year,  shall  be  repaid  to  the  several  counties  in  the  propor- 
tion of  the  valuations  of  the  real  and  personal  property  therein. 
Such  money  shall  be  repaid  in  such  manner  and  by  such  officers 
as  the  legislature  shall  direct,  without  a  specific  appropriation 
therefor;  and  shall  be  applicable  to  such  county  purposes  as  shall 
be  provided  by  law. 

1902.     A.  No.  1007  (Int.  832). 
A.  J.  664. 

§  22.  No  provision  or  enactment  shall  be  embraced  in  the  an- 
nual appropriation  or  supply  bill,  unless  it  relates  specifically  to 
some  particular  appropriation  in  the  bill;  and  any  such  pro- 
vision or  enactment  shall  be  limited  in  its  operation  to  such 
appropriation. 

AMENDMENT  PROPOSED  BUT  NOT   SUBMITTED  TO  THE   PEOPLE 

1.    Biennial  sessions  of  legislature  —  salaries  and  terms  of  legislators  ^- 

appropriations  —  apportionment 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature,  changing  the  salaries  and  terms  of  the  legislators 
and  regulating  the  making  of  appropriations  and  apportionment  of  legis- 
lators, see  p.  311.) 


II]       AMEXDMEXTS  ADOPTED  AKI>  PROPOSED,  1895—1914         75 

Article  III,  $  26 

§  23.  Sections  seventeen  and  eighteen  of  this  article  shall  not 
apply  to  any  bill,  or  the  amendments  to  any  bill,  which  shall  be 
reported  to  the  Legislature  by  commissioners  who  have  been 
appointed  pursuant  to  law  to  revise  the  statutes. 

AMENDMENT   PROPOSED  BUT   NOT   SUBMITTED  TO   THE   PEOPLE 

1.     Bills  reported  by  statutory  revision  commissioner  —  statement   of  re- 
pealed laws  —  assent  of  two-thirds  of  legislature 

§  23.  (Proposal  to  add  the  following:)  but  whenever  sucli 
commissioners  shall  report  any  bill  or  the  amendments  to  any 
bill  to  which  such  sections  shall  apply,  they  shall  also,  in  a 
separate  report,  distinctly  specify  the  section  and  the  particular 
clause  of  such  section,  which  is  to  be  abrogated  by  the  passage  of 
such  bill  or  such  amendments  to  any  bill,  and  the  assent  of  two- 
thirds  of  the  members  elected  to  each  branch  of  the  Legislature 
shall  be  requisite  to  every  bill  as  reported  to  the  Legislature  by 
such  commissioners. 

1896.     A.  No.  (Int.  ). 

A.  J.  115.* 

§  26.  There  shall  be  in  the  several  counties,  except  in  cities 
whose  boundaries  are  the  same  as  those  of  the  county,  a  board 
of  supervisors,  to  be  composed  of  such  members,  and  elected  in 
such  manner,  and  for  such  period,  as  is  or  may  be  provided  by 
law.  In  any  such  city  the  duties  and  powers  of  a  board  of  super- 
visors may  be  devolved  upon  the  common  council  or  board  of 
aldermen  thereof. 

AMENDMENT   SUBMITTED  TO   THE   PEOPLE   AND  ADOPTED 

§  26.  There  shall  be  in  [the  several  counties]  each  county, 
except  in  [cities  whose  boundaries  are  the  same  as  those  of  the 
county]  ji  county  wholly  included  in  a  city,  a  board  of  supervisors, 
to  be  composed  of  such  members  and  elected  in  such  manner  and 
for  such  period  as  is  or  may  be  provided  by  law.  In  [any  such]  a 
city  which  includes  an  entire  county,  or  two  or  more  entire 
counties,  the  [duties  and  powers]  powers  and  duties  of  a  board 
of  supervisors  may  be  devolved  upon  the  municipal  assembly, 
common  council,  [or]  board  of  aldermen  [thereof.]  or  other 
legislative  body  of  the  city. 


*  The  proposed  amendment  to  Art.  Ill,  §  23,  referred  to  on  A.  J.  115  was 
apparently  never  printed. 

PART  II  —  4 


76  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  27 

1897.  A.  No.  1708  (Int.  956).  ('Same  as  S.  No.  1011.)  To  Sec.  of  State. 

A.  J.  787,  1399,  1688,  1741,  1761,  1794,  2050. 

S.  J.  782,  807. 
S.  No.  1011  (Int.  590).  (Same  as  A.  No.  1708.) 

S.  J.  344,  622,  639,  643. 
1899.  S.  No.  632  (Int.  356).  To  Sec.  of  State. 

S.  J.  175,  248,  299,  449,  464,  465,  1681. 

A.  J.  984,  3042,  3206,  3270,  3271. 
Adopted  Nov.  7,  1899. 

Vote:     for,  325,182;  against,  144,667. 

§  27.  The  Legislature  shall,  by  general  laws,  confer  upon  the 
boards  of  supervisors  of  the  several  counties  of  the  State  such 
further  powers  of  local  legislation  and  administration  as  the 
Legislature  may  from  time  to  time  deem  expedient. 

AMENDMENT   SUBMITTED   TO   THE  PEOPLE  AND  ADOPTED 

Section  27.  The  legislative  shall,  by  general  laws,  confer  upon 
the  boards  of  supervisors  of  the  several  counties  of  the  state  such 
further  powers  of  local  legislation  and  administration  as  the  leg- 
islature may,  from  time  to  time,  deem  expedient[ .J,  and  in  coun- 
ties  which  now  have,  or  may  hereafter  have,  county  auditors  or 
other  fiscal  officers,  authorized  to  audit  bills,  accounts,  charges, 
claims  or  demands  against  the  county,  the  legislature  may  confer 
such  powers  upon  said  auditors,  or  fiscal  officers,  as  the  legisla- 
ture  may,  from  time  to  time  deem  expedient. 

1907.  S.  No.  1468  (Int.  290).  To  Sec.  of  State. 

S.  J.  126,  1277,  1491,  1635,  1698,  1878. 

A.  J.  3419,  4037,  4041,  4044. 
1909.  S.  No.  240  (Int.  235).  To  Sec.  of  State. 

S.  J.  118,  822,  920,  996,  1072,  1493. 

A.  J.  2178,  2456,  2469,  2519. 
Adopted  Nov.  2,  1909. 

Vote:     for,  253,774;  against,  223,331. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.     County  auditor 

§  27.  (Proposal  to  add  the  following:)  The  legislature  may 
provide  for  the  election  or  appointment  of  a  local  officer  in  any 
county  to  discharge  the  duties  of  auditing  all  accounts  and  charges 
against  the  county,,  and  to  exercise  such  other  powers  in  special 
cases  as  may  be  provided  by  law. 

1905.     S.  No.  252  (Int.  252).     To  A. 
•S.  J.  96,  221,  276,  301,  307. 
A.  J.  510. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         77 

Article  III,  §  29 

2.  Auditing  county  claims  —  paying  claims  over  auditor's  objection 

§  27.  (Proposal  to  add  the  following:)  In  counties  now  hav- 
ing, or  which  may  hereafter  have,  county  auditors  or  other  fiscal 
officers,  authorized  to  audit  bills,  accounts,  charges,  claims  or 
demands  against  the  county,  the  legislature  may  provide  by  law, 
that  every  resolution,  adopted  by  the  board  of  supervisors  of  any 
such  county,  authorizing  the  payment  of  any  such  bill,  account, 
charge,  claim  or  demand,  before  it  be  valid,  shall  be  presented  to 
such  county  auditor,  or  other  fiscal  officers,  and  if  he  approve, 
he  shall  sign  it;  but  if  not,  he  shall  return  it  with  his  objections  to 
the  board  of  supervisors,  which  shall  enter  the  objections  at  large 
on  its  journal  and  proceed  to  reconsider  it.  If  after  such  recon- 
sideration two-thirds  of  the  members  elected  shall  readopt  such 
resolution,  it  shall  thereupon  be  valid,  notwithstanding  the  objec- 
tions of  the  auditor,  or  other  fiscal  officer.  In  all  such  cases,  the 
votes  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
members  voting  shall  be  entered  on  the  journal.  If  any  such 
resolution  be  not  returned  by  the  auditor  or  other  fiscal  officer  in 
ten  days  (Sundays  excepted)  after  it  shall  have  been  presented  to 
him,,  the  same  shall  be  valid  in  like  manner  as  if  he  had  signed  it, 
unless  the  board  of  supervisors,  by  their  adjournment,  prevent  its 
return,  in  which  case  it  shall  not  become  valid  without  the  sig- 
nature of  such  auditor,  or  other  fiscal  officer,  within  twenty  days 
after  such  adjournment. 

1906.  S.  No.  789  (Int.  656).  To  A. 

S.  J.  471,  1261,  1358,  1546. 
A.  J.  2904. 

1907.  A.  No.  792  (Int.  726). 

A.  J.  338. 

3.  Enactment  of  forest,  fish  and  game  regulations  by  state  officers 

§  27-a.  (Proposal  to  add  the  following  new  section:)  The 
legislature  may  from  time  to  time  by  law  confer  upon  such  state 
officers  as  it  deems  expedient  the  power  to  enact  ordinances  having 
the  force  of  law,  for  the  protection,  regulation  and  control  of  the 
forests,  fish  and  game  of  the  state,  subject  to  existing  provisions 
of  the  constitution  relating  to  the  forest  preserve. 

1900.     S.  No.  586  (Int.  3'20). 

S.  J.  179,  284,  376,  463. 

§  29.  The  Legislature  shall,  by  law,  provide  for  the  occupation 
and  employment  of  prisoners  sentenced  to  the  several  state 
prisons,  penitentiaries,  jails  and  reformatories  in  the  State;  and 


78  JSTsw  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  29 

on  and  after  the  first  day  of  January,  in  the  year  one  thousand 
eight  hundred  and  ninety-seven,  no  person  in  any  such  prison, 
penitentiary,  jail  or  reformatory,  shall  be  required  or  *allowd 
to  work  while  under  sentence  thereto,  at  any  trade,  industry  or 
occupation,  wherein  or  whereby  his  work,  or  the  product  or  profit 
of  his  work,  shall  be  farmed  out,  contracted,  given  or  sold  to  any 
person,  firm,  association  or  corporation.  This  section  shall  not 
be  construed  to  prevent  the  Legislature  from  providing  that  con- 
victs may  work  for,  and  that  the  products  of  their  labor  may  be 
disposed  of  to,  the  State  or  any  political  division  thereof,  or  for 
or  to  any  public  institution  owned  or  managed  and  controlled  by 
the  State,  or  any  political  division  thereof. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Employment  of  prisoners 

§  29.  [The  legislature  shall,  by  law,  provide  for  the  occupation 
and  employment  of]  All  prisoners  sentenced  to  the  several  state 
prisons,  penitentiaries,  jails  and  reformatories  in  the  state  shall  be 
kept  occupied  and  employed  at  labor-,  and  on  and  after  the  first 
day  of  January,  [in  the  year]  eighteen  hundred  and  ninety-seven, 
no  [person  in  any  such  prison,  penitentiary,  jail  or  reformatory,] 
such  prisoner  shall  be  required  or  allowed  to  work  [while  under 
sentence  thereto,]  at  any  trade,  industry  or  occupation,  wherein 
or  whereby  his  [work,  or  the  product  or  profit  of  his  work,]  labor 
or  time  shall  be  farmed  out[,]  or  contracted[,  given  or  sold]  to 
any  person,  firm,  [association]  organization  or  corporation.  [This 
section  shall  not  be  construed  to  prevent  the  Legislature  from  pro- 
viding that  convicts  may  work  for,  and  that  the  products  of  their 
labor  may  be  disposed  of  to,  the  State  or  any  political  division 
thereof,  or  for  or  to  any]  The  legislature  shall  provide  for  the 
employment  of  such  prisoners,  as  far  as  practicable,  upon  public 
works,  or  in  the  manufacture  of  supplies  required  for  the  use  of 
public  institutions  owned  or  managed  and  controlled  by  the  state 
or  any  political  division  thereof. 

1895.  A.  No.  2083  (Int.  1497).  (Same  as  S.  No.  1050.)  To  Sec.  of  State. 

A.  J.  1939,  2674,  2769,  2841,  2977,  3053,  3167,  4058. 
S.  J.  1484,  1897,  1956,  2083. 

S.  No.  1050  (Int.  818).  (Same  as  A.  No.  2083.) 
S.  J.  1001. 

1896.  S.  No.  1062  (Int.  856). 

S.  J.  686. 


So  in  original. 


II]      AMEXDME^TTS  ADOPTED  AKD  PROPOSED,  1895-1914         79 

Article  III,  §  30 

2.  Allowing  wages  to  prisoners  —  payment  to  dependents 

§  29.  (Proposal  to  add  the  following:)  Provided  that  there 
shall  be  credited  to  all  persons  confined  in  penal  institutions  in  this 
state  an  amount  not  less  than  the  average  wage  otherwise  paid  in 
this  or  neighboring  states  for  the  same  or  similar  labor  from  which 
amount  shall  be  deducted  the  actual  cost  of  provisions  furnished 
such  persons.  Two-thirds  of  the  remaining  amount  shall  be  equi- 
tably paid  every  three  months  to  the  dependent  or  dependents  of 
all  such  persons;  the  remainder  shall  be  placed  at  the  disposal  of 
all  persons  thus  confined  at  the  end  of  each  year  from  date  of 
sentence  or  at  time  of  release  with  interest  at  three  per  centum 
per  annum. 

1912.     A.  No.  1512  (Int.  1299). 
A.  J.  835. 

3.  Restricting  legislation  as  to  cities  —  municipal  control  of  public  utilities 
§  30.    (Proposal  to  add  the  following  new  section:)     The  legis- 
lature shall  itself  have  no  power  after  January  first,  nineteen  hun- 
dred and  eight  to  pass  any  law  for  the  opening,  making,  paving, 
lighting,  or  otherwise  improving  or  maintaining  streets,  avenues, 
parks  or  places,  docks  or  wharves,  or  any  of  them,  or  for  any 
other  local  work  or  improvement  in  or  for  a  city,  but  laws  shall 
be  made  to  confer  upon  the  city  government  all  authority  neces- 
sary for  such  purposes  and,  in  particular,  authority  for  provid- 
ing, maintaining,  improving  and  regulating  within  the  corporate 
limits  the  following  public  services:    (1)  street  railways,  whether 
surface,  elevated  or  subsurface;  (2)  sewers;  (3),  water;  (4)  gas, 
whether  for  light,  fuel  or  other  purposes;  (5)  electricity,  whether 
for  light,  heat,  power  or  other  purposes;  (6)   bridges;  (7)   tun- 
nels; (8)  ferries;  (9)  docks;  or  any  of  them. 

1905.     S.  No.  206  (Int.  196).     (Same  as  A.  No.  364.) 

S.  J.  80. 
A.  No.  364  (Int.  364).     (Same  as  S.  No.  206.) 

A.  J.  80. 

(For  other  proposals  restricting  legislation  as  to  cities  and  providing  for 
municipal  control  of  public  utilities,  see  p.  337.) 

4.  General  tax 

§  30.  (Proposal  to  add  the  following  new  section:)  Hereafter 
there  shall  be  no  general  tax  levy  on  the  real  and  personal  property 
in  the  state  except  to  meet  expenses  of  national  defense,  of  main- 
taining the  union  of  the  states,  of  quelling  insurrection,  or  as 


80  NEW  YOKE:  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  III,  §  30 

required  by  a  vote  of  the  people  on  a  proposition  submitted  pur- 
suant to  a  joint  resolution  of  the  senate  and  assembly. 

1901.     S.  No.  61  (Int.  61). 

S.  J.  153. 
1903.     S.  No.  343  (Int.  302). 

S.  J.  145. 

5.  Contracts  of  employment  —  workmen's  compensation 

§  30.  (Proposal  to  add  the  following  new  section:)  The  legis- 
lature may  impose  such  conditions  on  any  contracts  of  employment 
as  shall  protect  the  health  or  promote  the  safety  or  well-being  of 
any  of  the  parties  thereto,  or  the  public,  or  to  make  provision  for 
the  payment  of  compensation,  with  or  without  the  right  of  trial 
by  jury  and  with  or  without  regard  to  fault,  to  employees  injured 
by  accidents  of  employment,  or  to  persons  dependent  upon  them, 
either  by  employers,  or  by  employers  and  employees  or  otherwise, 
in  such  manner  as  the  legislature  may  prescribe,  and  in  the  exer- 
cise of  the  powers  herein  conferred,  the  legislature  shall  not  be 
limited  by  article  one,  section  eighteen,  of  this  constitution. 

1911.  S.  No.  2022  (Int.  1216).  (Same  as  A.  No.  2064.) 

S.  J.  817,  1815. 

A.  No.  2064  (Int..  1676).  (Same  as  S.  No.  2022.) 
A.  J.  1770. 

1912.  S.  No.  186  (Int.  183). 

S.  J.  48. 

(For  adopted  amendment  authorizing  a  workmen's  compensation  law,  see 
Art.  I,  §  19,  p.  15.) 

(For  other  proposals  authorizing  a  workmen's  compensation  law,  see  pro- 
posed amendments  to  Art.  I,  $  6,  p.  7,  and  §  19,  p.  16.) 

6.  Forbidding  sex  discrimination 

§  30.  (Proposal  to  add  the  following  new  section:)  The  legis- 
lature shall  pass  no  law  making  any  distinction  or  discrimination 
between  the  sexes  in  relation  to  personal,  civil  or  property  rights. 
Every  act  of  the  legislature  in  force  at  the  time  this  section  takes 
effect,  which  future  legislatures  would  be  forbidden  by  this  section 
to  enact  are  hereby  made  null  and  void,  but  such  nullification  shall 
not  affect  vested  property  rights  heretofore  accrued. 

1913.  A.  No.  1098  (Int.  1043). 

A.  J.  420. 

7.  Public  service  franchises 

§  30.  (Proposal  to  add  the  following  new  section:)  No  public 
service  franchise  shall  hereafter  be  granted  within  the  state  of 
New  York  except  for  a  term  not  to  exceed  fifty  years,  nor  without 
the  assent  of  the  local  authorities  of  each  city,  town  or  village 
where  it  is  in  whole  or  part  located.  At  the  expiration  of  the 


II]      AMENDMENTS  ADOPTED  AJND  PROPOSED,  1895-1914         81 

Article  IV,  §  1 

term  for  which  a  public  service  franchise  shall  heretofore  or  here- 
after have  been  granted,  no  renewal  thereof  shall  be  made  except 
by  public  bidding.  One  of  the  conditions  of  said  bidding  shall 
be  that  the  bidder  pay  to  the  owner  of  .the  said  expiring  franchise 
the  then  value  of  the  tangible  property  necessary  to  its  operation. 

1904.     A.  No.  237  (Int.  230). 
A.  J.  97. 

§  30.  (Proposal  to  add  the  following  new  section:)  No  fran- 
chise or  right  to  use  the  streets,  avenues,  waters,  rivers,  parkways 
or  highways  of  a  city  of  the  first  class  shall  be  granted  for  a  longer 
period  than  tiventy-five  years,  or  without  the  consent  of  the  local 
authorities. 

1906.     A.  No.  294  (Int.  294). 
A.  J.  102. 


ARTICLE  IV 

§  1.  The  executive  power  shall  be  vested  in  a  Governor,  who 
shall  hold  his  office  for  two  years;  a  Lieutenant-Governor  shall 
be  chosen  at  the  same  time,  and  for  the  same  term.  The  Governor 
and  Lieutenant-Governor  elected  next  preceding  the  time  when 
this  section  shall  take  effect,  shall  hold  office  until  and  including 
the  thirty-first  day  of  December,  one  thousand  eight  hundred  and 
ninety-six,  and  their  successors  shall  be  chosen  at  the  general  elec- 
tion in  that  year. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Term  of  governor  and  lieutenant-governor 

§  1.  The  executive  power  shall  be  vested  in  a  governor,  who 
shall  hold  his  office  for  [two]  four  years;  a  lieutenant-governor 
shall  be  chosen  at  the  same  time,  and  for  the  same  term.  The 
governor  and  lieutenant-governor  elected  next  preceding  the  time 
when  this  section  shall  take  effect,  shall  hold  office  until  and  includ- 
ing the  thirty-first  day  of  December,  one  thousand  [eight]  nine 
hundred  and  [ninety-six,]  twelve,  and  their  successors  shall  be 
chosen  at  the  general  election  in  that  year. 

1910.     A.  No.  2504  (Int.  435). 

A.  J.  186,  2424,  2434,  3263,  3272,  3329,  3395. 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 


82  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  IV,  §  3 

§  3.  The  Governor  and  Lieutenant- Governor  shall  be  elected  at 
the  times  and  places  of  choosing  members  of  the  Assembly.  The 
persons  respectively  having  the  highest  number  of  votes  for  Gov- 
ernor and  Lieutenant-Governor  shall  be  elected;  but  in  case  two 
or  more  shall  have  an  equal  and  the  highest  number  of  votes  for 
Governor,  or  for  Lieutenant-Governor,  the  two  houses  of  the  Leg- 
islature at  its  next  annual  session  shall  forthwith,  by  joint  ballot, 
choose  one  of  the  said  persons  so  having  an  equal  and  the  highest 
number  of  votes  for  Governor  or  Lieutenant-Governor. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Biennial  sessions  of  legislature  —  terms  and  apportionment  of  legislators 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature,  changing  the  terms  and  regulating  the  appor- 
tionment of  the  legislators,  see  p.  310.) 

2.  Biennial  sessions  of  legislature  —  United  States  deposit  fund 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  -of  the  legislature  and  regulating  the  use  of  the  United  States 
deposit  fund  for  educational  purposes,  see  p.  314.) 

3.  Biennial  sessions  of  legislature  —  salaries  and  terms  of  legislators  — 

appropriations —  apportionment 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature,  changing  the  salaries  and  terms  of  the  legislators, 
and  regulating  the  making  of  appropriations  and  apportionment  of  legis- 
lators, see  p.  311.) 

§  4.  The  Governor  shall  be  Commander-in- Chief  of  the  military 
and  naval  forces  of  the  State.  He  shall  have  power  to  convene 
the  Legislature,  or  the  Senate  only,  on  extraordinary  occasions. 
At  extraordinary  sessions  no  subject  shall  be  acted  upon,  except 
such  as  the  Governor  may  recommend  for  consideration.  He  shall 
communicate  by  message  to  the  Legislature  at  every  session  the 
condition  of  the  State,  and  recommend  such  matters  to  it  as  he 
shall  judge  expedient.  He  shall  transact  all  necessary  business 
with  the  officers  of  government,  civil  and  military.  He  shall  ex- 
pedite all  such  measures  as  may  be  resolved  upon  by  the  Legis- 
lature, and  shall  take  care  that  the  laws  are  faithfully  executed. 
He  shall  receive  for  his  services  an  annual  salary  of  ten  thousand 
dollars,  and  there  shall  be  provided  for  his  use  a  suitable  and 
furnished  executive  residence. 

AMENDMENT   SUBMITTED  TO  THE  PEOPLE  BUT  REJECTED 
1.     Salary  of  governor 

§  4.  The  governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  state.  He  shall  have  power  to  convene 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895—1914         83 

Article  IV,  §  4 

the  legislature,  or  the  senate  only,  on  extraordinary  occasions. 
At  extraordinary  sessions  no  subject  shall  be  acted  upon,  except 
such  as  the  governor  may  recommend  for  consideration.  He  shall 
communicate  by  message  to  the  legislature  at  every  session  the 
condition  of  the  state,  and  recommend  such  matters  to  it  as  he 
shall  judge  expedient.  He  shall  transact  all  necessary  business 
with  the  officers  of  government,  civil  and  military.  He  shall 
expedite  all  such  measures  as  may  be  resolved  upon  by  the  legis- 
lature, and  shall  take  care  that  the  laws  are  faithfully  executed. 
He  shall  receive  for  his  services  an  annual  salary  of  [ten]  tiventy 
thousand  dollars,  and  there  shall  be  provided  for  his  use  a  suitable 
and  furnished  executive  residence. 

1910.  A.  No.  1232  (Int.  421).     (Substituted  for  S.  No.  680.)     To  Sec.  of 

State. 

A.  J.  170,  625,  700,  753,  812,  833,  850,  877,  908. 
S.  J.  398,  406,  407. 

S.  No.  680  (Int.  68).  (A.  No.  1232  substituted.) 
S.  J.  31,  368,  399. 

1911.  S.  No.  2013  (Int.  1469).  To  Sec.  of  State. 

S.  J.  1384,  1704,  1802,  1937,  2240. 

A.  J.  3361,  3773,  3782,  3787,  4039. 
*  S.  No.  2249  (Int.  1660).  To  Sec.  of  State. 

S.  J.  2264,  2413,  2428. 

A.  J.  4091. 
Rejected  Nov.  7,  1911. 

Vote:  for,  252,791;  against,  376,455. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Salary  of  governor 

§  4.  The  governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  state.  He  shall  have  power  to  convene  the 
legislature,  or  the  senate  only,  on  extraordinary  occasions.  At 
extraordinary  sessions  no  subject  shall  be  acted  upon,  except  such 
as  the  governor  may  recommend  for  consideration.  He  shall  com- 
municate by  message  to  the  legislature  at  every  session  the  con- 
dition of  the  state,  and  recommend  such  matters  to  it  as  he  shall 
judge  expedient.  He  shall  transact  all  necessary  business  with 
the  officers  of  government,  civil  and  military.  He  shall  expedite 
all  such  measures  as  may  be  resolved  upon  by  the  legislature, 
and  shall  take  care  that  the  laws  are  faithfully  executed.  He  shall 
receive  for  his  services  an  annual  salary  [of]  twenty-five  [ten] 


*  To  correct  technical  error  in  S.  No.  2013   (Int.  1469).     See  Legislative 
Index  1911,  p.  153. 


84  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 


Article  IV,  $  4 


thousand  dollars,  and  there  shall  be  provided  for  his  use  a  suitable 
and  furnished  executive  residence. 

1908.     S.  No.  578   (Int.  7). 

S.  J.  7,  277,  305,  353,  407. 

2.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

3.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  -legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 

§  5.  The  Governor  shall  have  the  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction,  for  all  offenses  except 
treason  and  cases  of  impeachment,  upon  such  conditions  and 
with  such  restrictions  and  limitations,  as  he  may  think  proper, 
subject  to  such  regulations  as  may  be  provided  by  law  relative 
to  the  manner  of  applying  for  pardons.  Upon  conviction  for 
treason,  he  shall  have  power  to  suspend  the  execution  of  the  sen- 
tence, until  the  case  shall  be  reported  to  the  Legislature  at  its 
next  meeting,  when  the  Legislature  shall  either  pardon,  or  com- 
mute the  sentence,  direct  the  execution  of  the  sentence,  or  grant 
a  further  reprieve.  He  shall  annually  communicate  to  the  Legis- 
lature each  case  of  reprieve,  commutation  or  pardon  granted, 
stating  the  name  of  the  convict,  the  crime  of  which  he  was  con- 
victed, the  sentence  and  its  date,  and  the  date  of  the  commutation, 
pardon  or  reprieve. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.     Court  of  pardons  —  remission  of  fines 

§  5.  The  governor,,  the  chief  judge  and  three  judges  of  the  court 
of  appeals,  or  a  major  part  of  them,  annually  designated  by  the 
governor  shall  constitute  a  court  of  pardons  and  shall  have  the 
power  to  grant  reprieves,  commutations,  remit  fines  and  pardons 
after  conviction,  for  all  offenses  except  treason  and  cases  of  im- 
peachment, upon  such  conditions  and  with  such  restrictions  and 
limitations,  as  [he]'  they  may  think  proper,  subject  to  such  regula- 
tions as  may  be  provided  by  law  relative  to  the  manner  of  applying 
for  pardons.  Upon  conviction  for  treason,  [he]  the  governor  shall 
have  power  to  suspend  the  execution  of  the  sentence,  until  the  case 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914        85 

Article  IV,  §  9 

shall  be  reported  to  the  legislature  at  its  next  meeting,  when  the 
legislature  shall  either  pardon,  or  commute  the  sentence,  direct  the 
execution  of  the  sentence,  or  grant  a  further  reprieve.  [He]  The 
governor  shall  annually  communicate  to  the  legislature  each  case 
of  reprieve,  commutation,  [or]  pardon  granted,  or  fine  remitted 
stating  the  name  of  the  convict,  the  crime  of  which  he  was  con- 
victed, the  sentence  and  its  date,  and  the  date  of  the  commutation, 
pardon,,  [or]  reprieve  or  remission  of  fine. 

1913.     A.  No.  1873  (Int.  31). 

A.  J.  36,  1057,  1166,  1272,  1369,  1410,  1522,  1585,  1755,  1816,  2132, 
2311,  2408. 

2.     Biennial  sessions  of  legislature  —  United  States  deposit  fund 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature  and  regulating  the  use  of  the  United  States 
deposit  fund  for  educational  purposes,  see  p.  314.) 

§  9.  Every  bill  which  shall  have  passed  the  Senate  and  As- 
sembly shall,  before  it  becomes  a  law,  be  presented  to  the  Gov- 
ernor; if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return 
it  with  his  objections  to  the  house  in  which  it  shall  have  orig- 
inated, which  shall  enter  the  objections  at  large  on  the  journal, 
and  proceed  to  reconsider  it.  If  after  such  reconsideration,  two- 
thirds  of  the  members  elected  to  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent  together  with  the  objections  to  the  other 
house  by  which  it  shall  likewise  be  reconsidered ;  and  if  approved 
by  two-thirds  of  the  members  elected  to  that  house,  it  shall  be- 
come a  law  notwithstanding  the  objections  of  the  Governor. 
In  all  such  cases,  the  votes  in  both  houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  members  voting  shall  be 
entered  on  the  journal  of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  Governor  within  ten  *day  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same 
shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless  the 
Legislature  shall,  by  their  adjournment,  prevent  its  return,  in 
which  case  it  shall  not  become  a  law  without  the  approval  of  the 
Governor.  No  bill  shall  become  a  law  after  the  final  adjournment 
of  the  Legislature,  unless  approved  by  the  Governor  within  thirty 
days  after  such  adjournment.  If  any  bill  presented  to  the  Gov- 
ernor contain  several  items  of  appropriation  of  money,  he  may 
object  to  one  or  more  of  such  items  while  approving  of  the  other 


So  in   original. 


86  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  IV,    §  9 

portion  of  the  bill.  In  such  case  he  shall  append  to  the  bill,  at 
the  time  of  signing1  it,  a  statement  of  the  items  to  which  he  ob- 
jects ;  and  the  appropriation  so  objected  to  shall  not  take  effect. 
If  the  Legislature  be  in  session,  he  shall  transmit  to  the  house 
in  which  the  bill  originated  a  copy  of  such  statement,  and  the 
items  objected  to  shall  be  separately  reconsidered.  If  on  recon- 
sideration one  or  more  of  such  items  be  approved  by  two-thirds 
of  the  members  elected  to  each  house,  the  same  shall  be  part  of 
the  law,  notwithstanding  the  objections  of  the  Governor.  All 
the  provisions  of  this  section,  in  relation  to  bills  not  approved 
by  the  Governor,  shall  apply  in  cases  in  which  he  shall  withhold 
his  approval  from  any  item  or  items  contained  in  a  bill  appro- 
priating money. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Governor  to  approve  or  veto  bills  within  ten  days 

§  9.  (Proposal  to  add  the  following:)  The  governor  sliall 
sign  any  bill  after  passing  both  houses  within  ten  days,  and  if  he 
fails  to  sign  any  bill  after  ten  days  (Sundays  except  ed)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like 
manner  as  if  he  had  signed  it,  and  the  governor  must  sign  or 
veto  any  bill  that  has  passed  both  houses  within  ten  days  after 
being  presented  to  him  for  his  approval  or  veto,  and  he  cannot 
return  to  the  legislature  while  in  session  any  bill  after  its  passage 
by  both  houses  unless  he  has  approved  or  vetoed  such  bill,  subject 
to  his  recommendation  for  an  amendment  to  the  bill.  The  legis- 
lature shall  refuse  to  accept  any  bills  from  the  governor  that  has 
passed  both  houses  for  an  extension  of  time  for  the  governor  to 
approve  or  veto  the  same  while  the  legislature  is  in  session,  unless 
the  governor  desires  an  amendment  to  the  bill. 

1908.     A.  No.  2134  (Int.  1493). 
A.  J.  1735. 

2.  Initiative  and  referendum 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative  and  the  referendum,  see  p.  271.) 

3.  Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum,  and  the  recall  of  electric  officers,  see  p.  293.) 


II]      AMENDMENTS  ADOPTED  AND  PBOPOSED,  1895-1914         87 

Article  V,  $  1 

ARTICLE  V 

§  1.  The  Secretary  of  State,  Comptroller,  Treasurer,  Attor- 
ney-General and  State  Engineer  and  Surveyor  shall  be  chosen 
at  a  general  election  at  the  times  and  places  of  electing  the  Gover- 
nor and  Lieutenant- Governor,  and  shall  hold  their  offices  for  two 
years,  except  as  provided  in  section  two  of  this  article.  Each  of 
the  officers  in  this  article  named,  excepting  the  Speaker  of  the  As- 
sembly, shall  at  stated  times  during  his  continuance  in  office, 
receive  for  his  services  a  compensation  which  shall  not  be  in- 
creased or  diminished  during  the  term  for  which  he  shall  have 
been  elected;  nor  shall  he  receive  to  his  use  any  fees  or  per- 
quisites of  office  or  other  compensation.  No  person  shall  be 
elected  to  the  office  of  State  Engineer  and  Surveyor  who  is  not  a 
practical  civil  engineer. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Making  certain  state  officers  elective 

§  1.  The  secretary  of  state,  comptroller,  treasurer,  attorney- 
general  [and],  state  engineer  and  surveyor,  superintendent  of 
banks,  superintendent  of  insurance  and  a  railroad  commissioner 
shall  be  chosen  at  a  general  election,  at  the  times  and  places  of 
electing  the  governor  and  lieutenant-governor,  and  shall  hold 
their  offices  for  two  years,  except  as  provided  in  section  two  of 
this  article.  Each  of  the  officers  in  this  article  named,  excepting 
the  speaker  of  the  assembly,  shall,  at  stated  times  during  his  con- 
tinuance in  office,  receive  for  his  services  a  compensation  which 
shall  not  be  increased  or  diminished  during  the  term  for  which  lie 
shall  have  been  elected;  nor  shall  he  receive  to  his  use  any  fees 
or  *perquisities  of  office  or  other  compensation.  ~No  person  shall 
be  elected  to  the  office  of  state  engineer  and  surveyor  who  is  not 
a  practical  civil  engineer. 

1906.     A.  No.  265    (Int.  265). 
A.  J.  91. 

2.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

3.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 


*  -So  in  original. 


88  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  V,  §  2 

§  2.  The  first  election  of  the  Secretary  of  State,  Comptroller, 
Treasurer,  Attorney-General  and  State  Engineer  and  Surveyor, 
pursuant  to  this  article  shall  be  held  in  the  year  one  thousand 
eight  hundred  and  ninety-five,  and  their  terms  of  office  shall  begin 
on  the  first  day  of  January  following,  and  shall  be  for  three  years. 
At  the  general  election  in  the  year  one  thousand  eight  hundred 
and  ninety-eight,  and  every  two  years  thereafter,  their  successors 
shall  be  chosen  for  the  term  of  two  years. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  "ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  .ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 

§  3.  A  Superintendent  of  Public  Works  shall  be  appointed  by 
the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  hold  his  office  until  the  end  of  the  term  of  the  Governor  by 
whom  he  was  nominated,  and  until  his  successor  is  appointed  and 
qualified.  He  shall  receive  a  compensation  to  be  fixed  by  law. 
He  shall  be  required  by  law  to  give  security  for  the  faithful 
execution  of  his  office  before  entering  upon  the  duties  thereof. 
He  shall  be  charged  with  the  execution  of  all  laws  relating 
to  the  repair  and  navigation  of  the  canals,  and  also  of  those  relat- 
ing to  the  construction  and  improvement  of  the  canals,  except  so 
far  as  the  execution  of  the  laws  relating  to  such  construction  or 
improvement  shall  be  confided  to  the  State  Engineer  and  Sur- 
veyor; subject  to  the  control  of  the  Legislature,  he  shall  make  the 
rules  and  regulations  for  the  navigation  or  use  of  the  canals. 
He  may  be  suspended  or  removed  from  office  by  the  Governor, 
whenever,  in  his  judgment,  the  public  interest  shall  so  require; 
but  in  case  of  the  removal  of  such  Superintendent  of  Public 
Works  from  office,  the  Governor  shall  file  with  the  Secretary  of 
State  a  statement  of  the  cause  of  such  removal,  and  shall  report 
such  removal  and  the  cause  thereof  to  the  Legislature  at  its  next 
session.  The  superintendent  of  Public  Works  shall  appoint  not 
more  than  three  assistant  superintendents,  whose  duties  shall  be 
prescribed  by  him,  subject  to  modification  by  the  Legislature, 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         89 


Article  V,  §  4 


and  who  shall  receive  for  their  services  a  compensation  to  be 
fixed  by  law.  They  shall  hold  their  office  for  three  years,  subject 
to  suspension  or  removal  by  the  Superintendent  of  Public  Works, 
whenever,  in  his  judgment,  the  public  interest  shall  so  require. 
Any  vacancy  in  the  office  of  any  such  assistant  superintendent 
shall  be  filled  for  the  remainder  of  the  term  for  which  he  was 
appointed,  by  the  Superintendent  of  Public  Works;  but  in  case 
of  the  suspension  or  removal  of  any  such  assistant  superintend- 
ent by  him,  he  shall  at  once  report  to  the  Governor,  in  writing, 
the  cause  of  such  removal.  All  other  persons  employed  in  the 
care  and  management  of  the  canals,  except  collectors  of  tolls,  and 
those  in  the  department  of  the  State  Engineer  and  Surveyor, 
shall  be  appointed  by  the  Superintendent  of  Public  Works,  and 
be  subject  to  suspension  or  removal  by  him.  The  Superintend- 
ent of  Public  Works  shall  perform  all  the  duties  of  the  former 
Canal  Commissioners,  and  Board  of  Canal  Commissioners,  as  now 
declared  by  law,  until  otherwise  provided  by  the  Legislature. 
The  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  have  power  to  fill  vacancies  in  the  office  of  Superintendent 
of  Public  Works;  if  the  Senate  be  not  in  session,  he  may  grant 
commissions  which  shall  expire  at  the  end  of  the  next  succeeding 
session  of  the  Senate. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 

§  4.  A  Superintendent  of  State  Prisons  shall  be  appointed  by 
the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  hold  his  office  for  five  years,  unless  sooner  removed ;  he  shall 
give  security  in  such  amount,  and  with  such  sureties  as  shall  be 
required  by  law  for  the  faithful  discharge  of  his  duties ;  he  shall 
have  the  superintendence,  management  and  control  of  state 
prisons,  subject  to  such  laws  as  now  exist  or  may  hereafter  be 
enacted;  he  shall  appoint  the  agents,  wardens,  physicians  and 
chaplains  of  the  prisons.  The  agent  and  warden  of  each  prison 


90  NEW  YORK  STATE  CO^-:TITUTION  ANNOTATED        [Part 

Article  V,  §  4 

shall  appoint  all  other  officers  of  such  prison,  except  the  clerk, 
subject  to  the  approval  of  the  same  by  the  Superintendent.  The 
Comptroller  shall  appoint  the  clerks  of  the  prisons.  The  Super- 
intendent shall  have  all  the  powers  and  perform  all  the  duties 
not  inconsistent  herewith,  which  were  formerly  had  and  per- 
formed by  the  inspectors  of  State  Prisons.  The  Governor  may 
remove  the  Superintendent  for  cause  at  any  time,  giving  to  him 
a  copy  of  the  charges  against  him,  and  an  opportunity  to  be 
heard  in  his  defense. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 

§  5.  The  Lieutenant-Governor,  Speaker  of  the  Assembly,  Secre- 
tary of  State,  Comptroller,  Treasurer,  Attorney- General  and  State 
Engineer  and  Surveyor  shall  be  the  commissioners  of  the  land 
office.  The  Lieutenant-Governor,  Secretary  of  State,  Comptroller, 
Treasurer  and  Attorney-General  shall  be  the  commissioners  of  the 
canal  fund.  The  canal  board  shall  consist  of  the  commissioners 
of  the  canal  fund,  the  State  Engineer  and  Surveyor  and  the  Super- 
intendent of  Public  Works. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 

§  6.  The  powers  and  duties  of  the  respective  boards,  and  of 
the  several  officers  in  this  article  mentioned,  shall  be  such  as  now 
are  or  hereafter  may  be  prescribed  by  law. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         91 

Article  V,  §  9 

2.     Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 
governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 

§  7.  The  Treasurer  may  be  suspended  from  office  by  the  Gov- 
ernor, during  the  recess  of  the  Legislature,  and  until  thirty  days 
after  the  commencement  of  the  next  session  of  the  Legislature, 
whenever  it  shall  appear  to  him  that  such  Treasurer  has,  in  any 
particular,  violated  his  duty.  The  Governor  shall  appoint  a  com- 
petent person  to  discharge  the  duties  of  the  office  during  such 
suspension  of  the  Treasurer. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 

§  8.  All  offices  for  the  weighing,  gauging,  measuring,  culling 
or  inspecting  any  merchandise,  produce,  manufacture  or  com- 
modity whatever,  are  hereby  abolished;  and  no  such  office  shall 
hereafter  be  created  by  law ;  but  nothing  in  this  section  contained 
shall  abrogate  any  office  created  for  the  purpose  of  protecting  the 
public  health  or  the  interests  of  the  State  in  its  property,  revenue, 
tolls  or  purchases,  or  of  supplying  the  people  with  correct  stand- 
ards of  weights  and  measures,  or  shall  prevent  the  creation  of 
any  office  for  such  purposes  hereafter. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  baUot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  the  legislature,  governor  and  lieu- 

tenant-governor —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
State,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 


92  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  V,  §  9 

practicable,  shall  be  competitive ;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  who  are  citizens  and  resi- 
dents of  this  State,  shall  be  entitled  to  preference  in  appointment 
and  promotion,  without  regard  to  their  standing  on  any  list  from 
which  such  appointment  or  promotion  may  be  made.  Laws  shall 
be  made  to  provide  for  the  enforcement  of  this  section. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Preference  to  veterans  of  Spanish- American  war 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be 
ascertained,  so  far  as  practicable,  by  examinations,  which,  so 
far  as  practicable,  shall  be  competitive;  provided,  however,  that 
honorably  discharged  soldiers  and  sailors  from  the  army  and  navy 
of  the  United  States  in  the  late  civil  war,  or  of  the  war  with 
Spain,  who  are  citizens  and  residents  of  this  state,  shall  be  en- 
titled to  preference  in  appointment  and  promotion,  without  regard 
to  their  standing  on  any  list  from  which  such  appointment  or  pro- 
motion may  be  made.  Laws  shall  be  made  to  provide  for  the 
enforcement  of  this  section. 

1899.     A.  No.  2177  (Int.  1532). 
A.  J.  2355. 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war  or  in  the  late  Spanish- 
American  war,  who  are  citizens  and  residents  of  this  state,  shall 
be  entitled  to  preference  in  appointment  and  promotion,  without 
regard  to  their  standing  on  any  list  from  which  such  appointment 
or  promotion  may  be  made.  Laws  shall  be  made  to  provide  for 
the  enforcement  of  this  section. 

1901.  S.  No.  901  (Int.  700).  (Same  as  A.  No.  1522.)  To  A. 

S.  J.  605,  806,  975,  1051,  1062. 
A.  J.  2276. 

A.  No.  1522  (Int.  1181).  ('Same  as  S.  No.  901.) 
A.  J.  1326. 

1902.  S.  No.  247  (Int.  229). 

S.  J.  89. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         93 

Article  V,  §  9 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  he  made  according  to  merit  and  fitness  to  be 
ascertained,  so  far  as  practicable,  by  examinations,  which,  so  far 
as  practicable,  shall  be  competitive ;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war  who  are  citizens  and  resi- 
dents of  this  state,  shall  be  entitled  to  preference  in  appointment 
and  promotion,  without  regard  to  their  standing  on  any  list  from 
which  such  appointment  or  promotion  may  be  made[.]  ;  and  that, 
subject  to  the  prior  preference  accorded  to  honorably  discharged 
soldiers  and  sailors  from  the  army  and  navy  of  the  United  States 
in  the  late  civil  war,  honorably  discharged  soldiers  and  sailors  from 
the  army  and  navy  of  the  United  States  in  the  late  Spanish 
American  war,  who  at  the  time  of  their  several  enlistments  were 
citizens  or  residents  of  this  state  shall  be  entitled  to  a  like 
preference  in  appointment  and  promotion.  Laws  shall  be  made 
to  provide  for  the  enforcement  of  this  section. 

1902.     A.  No.  1269  (Int.  13). 
A.  J.  38,  1035. 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be 
ascertained,  so  far  -as  practicable,  by  examinations,  which,  so  far 
as  practicable,  shall  be  competitive;  provided,  however,  that 
[[honorably]  honorable  discharged  soldiers  and  sailors  from  the 
army  and  navy  of  the  United  States  in  the  late  civil  war  and 
Spanish- American  war,  who  are  citizens  and  residents  of  this 
state,  shall  be  entitled  to  preference  in  appointment  and  promotion 
without  regard  to  their  standing  on  any  list  from  which  such 
appointment  or  promotion  may  be  made.  Laws  shall  be  made 
to  provide  for  the  enforcement  of  this  section. 

1907.     A.  No.  1633   (Int.  1321). 
A.  J.  1080. 

2.     Additional  percentage  on  ratings  of  certain  discharged  soldiers,  sailors 
and  marines 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and  vil- 
lages, shall  be  made  according  to  merit  and  fitness  to  be  ascertained 
;£so]  as  far  as  practicable,  by  examinations,  which,  [so]1  as  far 


94  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  V,  §  9 

as  practicable,  shall  be  competitive;  provided,  however,  that 
honorably  discharged  soldiers,  [and]  sailors  and  marines  from 
the  army  and  navy  of  the  United  States  [in  the  late  civil  war], 
who  belong  to  the  following  classes,  and  who  are  citizens  and  resi- 
dents of  this  state,  shall  be  entitled  to  preference  in  appointment 
and  promotion [,  without  regard  to  their  standing  on  any  list  from 
which  such  appointment  or  promotion  may  be  made.  Laws  shall 
be  made  to  provide  for  the  enforcement  of  this  section.]  in  the 
following  manner  and  order: 

1.  Veterans  of  the  late  civil  war,  without  regard  to  their  stand- 
ing on  any  list  from  which  such  appointments  or  promotions  may 
l)e  mad.e. 

2.  Honorably  discharged  soldiers,  sailors  and  marines  from  the 
army  and  navy  of  the  United  States,  who  were  or  shall  be  enlisted 
from  this  state,  and  who  were  at  the  time  of  such  enlistment  actual 
residents  of  this  state,  or  who  shall  have  been  residents  of  this  state 
for  a  period  of  five  years  prior  to  their  making  application  for 
examination,  shall  be  entitled  to  and  shall  receive  an  additional 
ten  points  on  their  rating,  after  they  shall  have  been  placed  on 
any  eligible  list  for  appointment  or  promotion. 

1908.     S.  No.  560  (Int.  489).     (Same  as  A.  No.  1010.) 

S.  J.  247. 

A.  No.  1010  (Int.  856).     (Same  as  S.  No.  560.) 
A.  J.  460. 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be 
ascertained,  so  far  as  practicable,  by  examinations,  which,  so  far 
as  practicable  shall  be  competitive ;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  who  are  citizens  and  resi- 
dents of  this  state,  shall  be  entitled  to  preference  in  appoint- 
ment and  promotion,  without  regard  to  their  standing  on  any 
list  from  which  such  appointment  or  promotion  may  be  made[.]'; 
and  provided  that  a  percentage  of  ten  per  centum  shall  be  added 
to  the  ratings  received  on  said  examination,  by  honorably  dis- 
charged soldiers,  sailors  and  marines,  for  the  army,  navy  and 
marine  corps  of  the  United  States,  who  served  during  the  late  war 
with  Spain  or  the  incidental  insurrection  in  the  Philippine 
Islands  or  the  Boxer  insurrection  in  China  prior  to  July  fourth, 
nineteen  hundred  and  two,  who  are  citizens  and  were,  at  the  time 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         95 


Article  V,  §  9 


of  enlistment,  residents  of  the  state,  after  they  shall  have  been 
placed  on  any  eligible  list  for  appointment  or  promotion.  Laws 
shall  be  made  to  provide  for  the  enforcement  of  this  section. 

1908.  A.  No.  1799   (Int.  447). 

A.  J.  133,  1070,  1271,  1490,  1510. 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  who  are  citizens  and  resi- 
dents of  this  state,  shall  be  entitled  to  preference  in  appointment 
and  promotion,  without  regard  to  their  standing,  on  any  list  from 
which  such  appointment  or  promotion  may  be  madef.];  and 
provided  that  honorably  discharged  soldiers,  sailors  and  marines 
from  the  army  and  navy  of  the  United  States  who  served  during 
the  late  war  with  Spain,  the  incidental  insurrection  in  the  Philip- 
pines, or  the  boxer  uprising  in  China,  prior  to  July  fourth,  nine- 
teen hundred  and  two,  and  who  are  citizens,  and  shall  have  been 
residents  of  this  state  for  a  period  of  five  years  prior  to  their 
making  applications  for  said  examination,  shall  receive  an  addi- 
tional ten  points  on  their  rating,  after  they  shall  have  been  placed 
on  any  eligible  list  for  appointment  or  promotion.  Laws  shall 
be  made  to  provide  for  the  enforcement  of  this  section. 

1909.  S.  No.  438  (Int.  403).  (Same  as  A.  No.  747.) 

S.  J.  261. 

A.  No.  747  (Int.  696).  (Same  as  S.  No.  438.) 
A.  J.  415. 

3.     Preference  to  certain  discharged  soldiers,  sailors  and  marines 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  or  who  have  been  honorably 
discharged  after  a  three  years  service  as  such,  soldiers  or  sailors 
or  as  marines,  or  who  have  served  as  such  soldiers,  sailors  or 
marines,  in  the  late  Spanish- American  war,  or  in  the  ivars  in  the 


96  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  V,  §  9 

Philippines  or  in  China,  who  are  citizens  and  residents  of  this 
state,  shall  be  entitled  to  preference  in  appointment  and  promotion, 
without  regard  to  their  standing  on  any  list  from  which  such 
appointment  or  promotion  may  be  made[.],  except  that  the  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war  shall  have  the  first  pref- 
erence under  the  provisions  of  this  article.  Laws  shall  be  made 
to  provide  for  the  enforcement  of  this  section. 

1901.     A.  No.   2084   (Int.  1460). 
A.  J.  2151. 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  [all J  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  and  marines  from  the  army 
and  navy  of  the  United  States  [in  the  late  civil  war],  who  are 
citizens  and  residents  of  this  state,  shall  be  entitled  to  preference 
in  appointment  and  promotion  without  regard  to  their  standing  on 
any  list  from  which  such  appointment  or  promotion  may  be  made 
in  the  following  order: 

1.  Veterans  of  the  late  civil  war. 

2.  Veterans  of  the  late  war  ivith  Spain,  or  the  incidental  in- 
surrection in  the  Philippine  islands,  or  the  Boxer  insurrection 
in  China. 

3.  All  other  honorably  discharged  soldiers,  sailors  and  marines 
from  the  army  and  navy  of  the  United  States,  who  shall  have 
completed  at  least  one  full  term  of  enlistment,  or  who  shall  have 
been  discharged  for  disability.     Laws  shall  be  made  to  provide 
for  the  enforcement  of  this  section. 

1906.     S.  No.  377  (Int.  344).     (Same  as  A.  No.  1564.) 

S.  J.  151. 

A.  No.  1564  (Int.  1227).     (Same  as  S.  No.  377.) 
A.  J.  1092. 

4.     Preference    to    veterans    of    Spanish-American    war    and    Philippine 
insurrection 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  [all]  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         97 

Article  V,  §  9 

practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  or  in  the  late  Spanish- 
American  war,,  or  in  the  Philippine  insurrection,  who  are  citizens 
and  residents  of  this  state,  shall  be  entitled  to  preference  in  ap- 
pointment and  promotion  without  regard  to  their  standing  on 
any  list  from  which  such  appointment  or  promotion  may  be  made. 
Laws  shall  be  made  to  provide  for  the  enforcement  of  this  section. 

1906.'  S.  No.  159  (Int.  151). 
S.  J.  53. 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  and  Spanish- American 
and  the  Philippine  wars  [Spanish- American  war*]  who  are  citi- 
zens and  residents  of  this  state,  shall  be  entitled  to  preference  in 
appointment  and  promotion  without  regard  to  their  standing  on 
any  list  from  which  such  appointment  or  promotion  may  be  made. 
Laws  shall  be  made  to  provide  for  the  enforcement  of  this  section. 

1908.  A.  No.  1329  (Int.  72). 

A.  J.  41,  527,  738. 

1909.  A.  No.  338  (Int.  331).  (Same  as  A.  No.  1243.) 

A.  J.  188. 

A.  No.  1243  (Int.  1089).  (Same  as  A.  No.  338.) 
A.  J.  705. 

5.     Preference  to  veterans  of  Spanish-American  war  and  Boxer  and  Phil- 
ippine insurrections 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers,  [and]  sailors  and  marines  from  the 
army  and  navy  of  the  United  States,  [in  the  late  civil  war]  who 
belong  to  the  following  classes,  and  who  are  citizens  and  residents 
of  this  state,  shall  be  entitled  to  preference  in  appointment  and 
promotion  without  regard  to  their  standing  on  any  list  from 

*  So  in  original. 


98  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  V,  $  9 

which  such  appointment  or  promotion  may  be  made[.]  in  the 
following  order: 

First.   Veterans  of  the  late  civil  war. 

Second.  Veterans  of  the  late  war  with  Spain  or  the  incidental 
insurrection  in  the  Philippine  Islands,  or  the  Boxer  insurrection 
in  China,  who  served  prior  to  July  fourth,  nineteen  hundred  and 
two. 

Laws  shall  be  made  to  provide  for  the  enforcement  of  this 
section. 

1908.     A.  No.  85  (Int.  85). 
A.  J.  43. 

6.  Additional  percentage  on  ratings  of  Spanish-American  war  veterans 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  who  are  citizens  and  resi- 
dents of  this  state,  shall  be  entitled  to  preference  in  appointment 
and  promotion,  without  regard  to  their  standing  on  any  list  from 
which  such  appointment  or  promotion  may  be  made[.];  and 
provided  that  a  percentage  of  ten  per  centum  shall  be  added  to  the 
ratings  received  on  said  examinations,  by  honorably  discharged 
soldiers,  sailors  and  marines,  from  the  army,  navy  and  marine 
corps  of  the  United  States,  who  served  during  the  late  war  with 
Spain,  who  are  citizens  and  were,  at  the  time  of  enlistment,  resi- 
dents of  the  state,  after  they  shall  have  been  placed  on  any  eligible 
list  for  appointment  or  promotion.  Laws  shall  be  made  to  provide 
for  the  enforcement  of  this  section. 

1908.     S.  No.  806  (Int.  217).    To  A.    Amended,  A.  No.  -  — .* 

S.  J.  73,  441,  534,  627,  647,  ll35. 

A.  J.  2266,  2457,  2465,  2498. 

7.  Preference  to  civil  war  veterans  who  were  residents  of  state  at  time  of 

enlistment 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations  which,  so  far  as 

*  S.  No.  806  (Int.  217),  as  amended  in  the  assembly,  was  apparently  never 
reprinted. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914         99 

Article  V,  §  9 

practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  who  are  citizens  and 
residents  of  this  state,  and  who,  at  the  time  of  enlistment  were 
citizens  and  residents  of  this  sidle,,  shall  be  entitled  to  preference 
in  appointment  and  promotion  without  regard  to  their  standing 
on  any  list  from  which  such  appointment  or  promotion  may  be 
made.  Laws  shall  be  made  to  provide  for  the  enforcement  of  this 
section. 

1899.     A.  No.  47  (Int.  47). 
A.  J.  62. 

8.  Preference  to  veterans  according  to  date  of  wars 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy 
of  the  United  States  [in  the  late  civil]  who  served  in  any  war, 
and  who  are  citizens  and  residents  of  this  state,  shall  be  entitled  to 
preference  in  appointment  and  promotion,  according  to  the  open- 
ing date  of  the  war  in  which  they  served,  without  other  regard  to 
their  standing  on  any  list  from  which  such  appointment  or  pro- 
motion may  be  made.  Laws  shall  be  made  to  provide  for  the 
enforcement  of  this  section. 

1912.     A.  No.  826  (Int.  769). 
A.  J.  299. 

9.  Preference   to    certain   discharged    soldiers,    sailors    and   marines    and 

exempt  volunteer  firemen 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  hon- 
orably discharged  soldiers  and  sailors  from  the  army  and  navy 
of  the  United  States  in  the  late  civil  war,  who  are  citizens 
and  residents  of  this  state,  shall  be  entitled  to  preference  in 
appointment  and  promotion,  without  regard  to  their  standing 
on  any  list  from  which  such  appointment  or  promotion  may  be 


100  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  V,  §  9 

made.  All  the  rights  conferred  by  this  section,  whether  by  im- 
plication or  otherwise,  upon  honorably  discharged  soldiers,  sailors 
and  marines  of  the  late  civil  war,  so  far  as  such  rights  limit  the 
power  of  removal  of  such  honorably  discharged  soldier,  sailor  or 
marine  are  hereby  expressly  conferred  upon  all  honorably  dis- 
charged soldiers,  sailors  or  marines  of  the  late  ivar  with  Spain, 
jor  the  incidental  insurrection  in  the  Philippines  prior  to  July 
fourth,  nineteen  hundred  and  two,  and  exempt  volunteer  firemen 
holding  positions  by  appointment  or  employment  in  the  public 
service.  The  rights,  of  honorably  discharged  soldiers,  sailors  and 
marines  of  the  late  civil  war,  however,  shall  at  all  times  take 
precedence.  In  case  the  position  so  held  by  any  such  honorably 
discharged  soldier,  sailor  or  marine  of  the  late  civil  war  or  the  late 
war  with  Spain  or  the  incidental  insurrection  in  the  Philippines 
prior  to  July  fourth,  nineteen  hundred  and  two,  or  exempt  volun- 
teer firemen  shall  become  unnecessary  or  be  abolished  for  economy, 
lack  of  work,  insufficient  funds  or  otherwise,  the  said  honorably 
discharged  soldier,  sailor  or  marine  of  the  late  civil  war  or  the  late 
war  with  Spain  or  incidental  insurrection  in  the  Philippines  prior 
to  July  fourth,  nineteen  hundred  and  two,  or  exempt  volunteer 
firemen  holding  the  same  shall  not  be  suspended  or  dismissed 
from  the  public  service  but  shall  at  once  be  assigned  or  transferred 
to  another  position  in  the  public  service,  and  his  salary  shall  not 
be  impaired.  Appropriate  laws  [Laws]  shall  be  made  to  provide 
for  the  enforcement  of  this  section. 

1913.     A.  No.  911   (Int.  868). 
A.  J.  338. 

10.     Preference  to  war  veterans  and  certain  civil  service  employees 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  [in  the  late  civil  war,]  who  served  in  any  war 
in  which  the  United  States  was  engaged  or  employees  ivho  have 
served  ten  years  in  the  civil  service  in  the  state  of  New  York 
or  any  political  division  thereof  and  who  are  citizens  and  resi- 
dents of  this  state,  shall  be  entitled  to  preference  in  appointment, 
retention  and  promotion,  without  other  regard  to  their  standing  on 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       101 

Article  VI,  §  1 

any  list  from  which  such  appointment  or  promotion  may  be  made. 
Laws  shall  be  made  to  provide  for  the  enforcement  of  this  section. 

1913.  A.  No.  2722  (Int.  17). 

A.  J.  35,  1375,  2567. 

1914.  S.  No.  1023  (Int.  918). 

S.  J.  320. 

11.  Abolition  of  civil  service 

(The  following  proposals  to  repeal  Art.  V,  §  9,  were  introduced.) 

1900.  A.  No.  1347  (Int.  1107)". 

A.  J.  857. 

1901.  A.  No.  1021   (Int.  871). 

A.  J.  656. 

1906.     S.  No.  1294  (Int.  949).     (Same  as  A.  No.  2269.) 
S.  J.  1150. 
A.  No.  2269  (Int.  1600).     (Same  as  S.  No.  1294.) 

A.  J.  2289. 

12.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

13.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  members  of  the  legislature,  governor  and  lieutenant-governor 
and  providing  for  the  short  ballot,  see  p.  319.) 


ARTICLE  VI 

Section  1.  The  Supreme  Court  is  continued  with  general  juris- 
diction in  law  and  equity,  subject  to  such  appellate  jurisdiction 
of  the  Court  of  Appeals  as  now  is  or  may  be  prescribed  by  law 
not  inconsistent  with  this  article.  The  existing  judicial  districts 
of  the  State  are  continued  until  changed  as  hereinafter  provided. 
The  Supreme  Court  shall  consist  of  the  Justices  now  in  office,  and 
of  the  Judges  transferred  thereto  by  the  fifth  section  of  this 
article,  all  of  whom  shall  continue  to  be  Justices  of  the  Supreme 
Court  during  their  respective  terms,  and  of  twelve  additional 
Justices  who  shall  reside  in,  and  be  chosen  by  the  electors  of, 
the  several  existing  judicial  districts,  three  in  the  first  district, 
three  in  the  second,  and  one  in  each  of  the  other  districts ;  and  of 
their  successors.  The  successors  of  said  Justices  shall  be  chosen 
by  the  electors  of  their  respective  judicial  districts.  The  Legis- 
lature may  alter  the  judicial  districts  once  after  every  enumera- 
tion under  the  Constitution,  of  the  inhabitants  of  the  State,  and 
thereupon  reapportion  the  Justices  to  be  thereafter  elected  in  the 
districts  so  altered. 


102  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  $  1 

AMENDMENT    SUBMITTED    TO    THE    PEOPLE    AND    ADOPTED 

§  1.  The  Supreme  Court  is  continued  with  general  jurisdiction 
in  law  and  equity,  subject  to  such  appellate  jurisdiction  of  the 
Court  of  Appeals  as  now  is  or  may  be  prescribed  by  law  not 
inconsistent  with  this  article.  The  existing  judicial  districts 
of  the  State  are  continued  until  changed  as  hereinafter  provided. 
The  Supreme  Court  shall  consist  of  the  Justices  now  in  office, 
and  of  the  Judges  transferred  thereto  by  the  fifth  section  of  this 
article,  all  of  whom  shall  continue  to  be  Justices  of  the  Supreme 
Court  during  their  respective  terms,  and  of  twelve  additional 
Justices  who  shall  reside  in,  and  be  chosen  by  the  electors  of,  the 
several  existing  judicial  districts,  three  in  the  first  district,  three 
in  the  second,  and  one  in  each  of  the  other  districts ;  and  of  their 
successors.  The  successors  of  said  Justices  shall  be  chosen  by 
the  electors  of  their  respective  judicial  districts.  The  Legisla- 
ture may  alter  the  judicial  districts  once  after  every  enumeration 
under  the  Constitution,  of  the  inhabitants  of  the  State,  and  there- 
upon reapportion  the  Justices  to  be  thereafter  elected  in  the  dis- 
tricts so  altered.  The  legislature  may  from  time  to  time  increase 
the  number  of  justices  in  any  judicial  district,  except  that  the 
number  of  justices  in  the  first  and  second  district  or  in  any  of 
the  districts  into  which  the  second  district  may  be  divided,  shall 
not  be  increased  to  exceed  one  justice  for  each  eighty-thousand, 
or  fraction  over  forty  thousand  of  the  population  thereof,  as 
shown  by  the  last  state,  or  federal  census  or  enumeration,  and 
except  that  the  number  of  justices  in  any  other  district  shall  not 
be  increased  to  exceed  one  justice  for  each  sixty  thousand  or 
fraction  over  thirty-five  thousand  of  the  population  thereof  as 
shown  by  the  last  state  or  federal  census  or  enumeration.  The 
legislature  may  erect  out  of  the  second  judicial  district  as  now 
constituted,  another  judicial  district  and  apportion  the  justices 
in  office  between  the  districts,  and  provide  for  the  election  of 
additional  justices  in  the  new  district  not  exceeding  the  limit 
herein  provided. 

1902.  S.  No.  798  (Int.  329).  (Same  as  A.  No.  1346.)  To  Sec.  of  State. 
S.  J.  164,  241,  528,  627,  740,  767,  768,  1434,  1435. 
A.  J.  1329,  1663,  1738,  2009,  2080,  2955. 
A.  No.  1346  (Int.  1039).  (Same  as  S.  No.  798.) 
A.  J.  1087. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       103 

Article  VI,  §  1 

1903.     S.  No.  1124  (Int.  12).    To  A.    Amended,  A.  No.  2113.     (Same  as  A. 

No.  897.)     To  Sec.  of  State. 
S.  J.  16,  74,  984,  1169,  1232,  1247,  1508,  1566. 
A.  J.  2646,  2780,  2994. 
A.  No.  897  (Int.  764).     ('Same  as  A.  No.  2113,  amended  form  of  IS. 

No.  1124.) 
A.  J.  466. 
Adopted  Nov.  7,  1905. 

Vote:     for  297,893;  against  133,999. 
*1904.     S.  No.  1003  (Int.  773).     (Same  as  A.  No.  1410.)     To  A. 

S.  J.  716,  1015,  1185,  1238. 

A.  No.  1410  (Int.  1083).     (Same  as  'S.  No.  1003.) 
A.  J.  1054. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Additional  supreme  court  justices  —  new  judicial  district 

§  1.  (Proposal  to  add  the  following:)  The  legislature  may 
from  time  to  time  increase  the  number  of  justices  in  any  judicial 
district  except  that  the  number  of  justices  in  the  first  and  second 
district  or  in  any  of  the  districts  into  which  the  second  district  may 
be  divided,  shall  not  be  increased  to  exceed  one  justice  for  each 
eighty  thousand,  or  fraction  over  forty  thousand  of  the  popula- 
tion thereof,  as  shown  by  the  first-\  state,  or  federal  census  or 
enumeration,  and  except  that  the  number  of  justices  in  any  other 
district  shall  not  be  increased  to  exceed  one  justice  for  each  sixty 
thousand  or  fraction  over  thirty-five  thousand  of  the  population 
thereof  as  shown  by  the  last  state  or  federal  census  or  enumera- 
tion. The  legislature  may  erect  out  of  the  second  judicial  district 
as  now  constituted,  another  judicial  district  and  apportion  the  jus- 
tices in  office  between  the  districts,  and  provide  for  the  election  of 
additional  justices  in  the  new  district  not  exceeding  the  limit  herein 
provided. 

1905.     A.  No.  295     (Int.  295). 
A.  J.  116. 

2.  Additional  justices  for  supreme  court  and  court  of  appeals 

§  1.  (Proposal  to  add  the  following:)  The  legislature  may 
at  any  time,  when  it  deems  that  the  public  interests  requires  it, 

*  The  purpose  of  this  concurrent  resolution  was  to  change  the  year  of  sub- 
mission of  the  above  amendment  as  appears  by  section  two  thereof  which 
reads  as  follows: 

"  §  2.  Eesolved  (if  the  senate  concur),  that  section  two  of  said  con- 
current resolution  be  and  the  same  hereby  is  amended  so  as  to  read  as 
follows,  namely: 

1  §  2.  Eesolved  (if  the  assembly  concur),  that  the  foregoing  amend- 
ment be  submitted  to  the  people  for  approval  at  the  general  election  to  be 
held  in  the  year  nineteen  hundred  and  [five]  four  in  accordance  with  the 
provisions  of  the  election  law.'  " 

t  This  proposed  amendment  is  like  the  amendment  adopted  in  1905  with 
the  exception  that  the  word  "first"  is  here  substituted  for  the  word  "last" 
in  the  adopted  amendment.  It  is  probable  that  this  is  a  clerical  error. 


104  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  §  1 

increase  the  number  of  justices  of  the  supreme  court  or  of  judges 
of  the  court  of  appeals  as  it  sees  fit,  provided  that  the  total  number 
of  judges  of  the  court  of  appeals  shall  not  exceed  eleven,  and  pro- 
vided also  that  any  bill  increasing  the  number  of  justices  or  judges 
as  aforesaid  shall  receive  the  assent  of  two-thirds  of  the  members 
elected  to  each  branch  of  the  legislature. 

1904.  S.  No.  195  (Int.  189).  (Same  as  A.  No.  253.)  To  Sec.  of  State. 

•S.  J.  61,  637,  1160,  1256,  1501,  1601. 
A.  J.  2575,  2656,  2685. 

A.  No.  253  (Int.  246).  ('Same  as  S.  No.  195.) 
A.  J.  99. 

1905.  A.  No.  283  (Int.  283). 

A.  J.  108. 

3.  Additional  supreme  court  justices  —  assignment  of  justices 

§  1.  The  supreme  court  is  continued  with  general  jurisdiction 
in  law  and  equity,  subject  to  such  appellate  jurisdiction  of  the 
court  of  appeals  as  now  is  or  may  be  prescribed  by  law  not  incon- 
sistent with  this  article.  The  existing  judicial  districts  of  the  state 
are  continued  until  changed  as  hereinafter  provided.  The  supreme 
court  shall  consist  of  the  justices  now  in  office,  and  of  the  judges 
transferred  thereto  by  the  fifth  section  of  this  article,  all  of  whom 
shall  continue  to  be  justices  of  the  supreme  court  during  their 
respective  terms,  and  of  [twelve]  six  additional  justices  who  shall 
reside  in  and  be  chosen  by  the  electors  of  the  [several  existing] 
first  and  second  judicial  districts,  three  in  the  first  district  and 
three  in  the  second  [and  one  in  each  of  the  other  districts]  district. 
[and  of  their  successors.]  The  successors  of  said  justices  shall 
be  chosen  by  the  electors  of  their  respective  judicial  districts.  The 
legislature  may  alter  the  judicial  district[s]  once  after  every 
enumeration  under  the  constitution,  of  the  inhabitants  of  the  state, 
and  thereupon  reapportion  the  justices  to  be  thereafter  elected  in 
the  districts  so  altered. 

1902.     S.  No.  451  (Int.  388).     (Same  as  A.  No.  657.) 

S.  J.  213. 

A.  No.  657  (Int.  585).     (Same  as  S.  No.  451.) 
A.  J.  331,  1051. 

4.  Increasing  or  diminishing  justices  of  supreme  court 

§  1.  (Proposal  to  add  the  following:)  The  legislature  may 
from  time  to  time  increase  or  diminish  the  number  of  justices  of 
the  supreme  court  in  any  judicial  district,  whenever  the  appellate 
division  of 'the  supreme  court  for  the  department  in  which  such 
district  is  comprised  shall  certify  to  the  legislature  that  in  their 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      105 

Article  VI,  §  1 

opinion  the  public  convenience  requires  an  increase  or  decrease^ 
as  the  case  may  be,  in  the  number  of  justices  in  such  district, 
provided  that  the  term  of  office  of  a  justice  of  the  supreme  court 
shall  not  be  abridged  by  any  decrease  in  the  number  of  justices 
in  any  district. 

1902.     S.  No.  862  (Int.  674).     (Same  as  A.  No.  1305.) 

S.  J.-  650. 

A.  No.  1305  (Int.  1018).     (Same  as  S.  No.  862.) 
A.  J.  1028. 

5.     Trial  commissioners  to  assist  supreme  court  justices  in  any  district 

§  1.  (Proposal  to  add  the  following:)  Whenever  and  as  often 
as  there  shall  be  such  an  accumulation  of  causes  on  the  calendar 
of  the  trial  term  of  the  supreme  court,  in  any  of  the  several  ju- 
dicial districts,  that  the  public  interests  require  a  more  speedy 
disposition  thereof,  the  appellate  division  of  the  supreme  court  in 
any  of  the  several  departments  embracing  said  judicial  district 
may  certify  such  fact  to  the  governor,  together  with  a  recom- 
mendation that  he  may  designate  as  many  persons  to  act  as  trial 
commissioners  of  the  supreme  court  in  such  judicial  district  for  a 
specified  period,  as  the  said  appellate  division  may  deem  requisite. 
The  governor  shall  thereupon  designate  the  number  of  trial  com- 
missioners so  recommended  for  the  specified  period.  The  persons 
so  designated  shall  be  attorneys  and  counsellors-at-law  of  at  least 
fifteen  years'  standing,  practicing  and  residing  in  the  judicial 
district  to  which  they  are  appointed.  Their  jurisdiction  shall  be 
limited  to  the  trial  of  such  actions  and  special  proceedings,  and 
the  disposition  of  such  business,  upon  the  trial  term  calendars  of 
the  supreme  court  in  said  districts  as  may  be  assigned  to  them, 
and  subject  to  such  rules  and  regulations  as  shall  be  made  with 
regard  thereto,  by  said  appellate  division.  Every  such  trial  com- 
missioner, when  holding  a  trial  term,  shall  exercise  therein  all 
the  powers  conferred  by  law  upon  trial  justices  of  the  supreme 
court  in  the  trial  of  actions  and  special  proceedings  at  trial  term; 
and  may  settle  a  case  upon  appeal  after  the  expiration  of  his 
specified  term.  For  his  services,  each  trial  commissioner  shall  be 
paid  while  actually  engaged  under  his  designation,  such  sum 
monthly  as  shall  be  equal  to  the  salary  for  a  like  period  of  a  jus- 
tice of  the  supreme  court  in  the  judicial  district  to  which  he  shall 
be  appointed  and  such  compensation  shall  be  paid  to  him  in  the 
same  manner.  Each  of  such  trial  commissioners  may  appoint  such 


106  I^EW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  §  1 

attendants  for  the  trial  term  to  which  lie  is  assigned  as  may  be 
necessary,  not  exceeding  four;  and  all  existing  provisions  of  law 
relating  to  the  appointment  of  clerks  and  stenographers  for  the 
parts  and  terms  of  the  supreme  court  in  the  several  judicial  dis- 
tricts shall  be  applicable  to  the  trial  terms  to  which  such  trial 
commissioners  may  be  assigned. 

1900.     S.  No.  870  (Int.  716). 
S.  J.  547. 

6.     Trial  commissioners  to  assist  supreme  court  justices  in  first  and  second 
districts 

§  1.  (Proposal  to  add  the  following:)  Whenever  and  as  often 
as  there  shall  be  such  an  accumulation  of  causes  on  the  calendar 
of  the  trial  term  of  the  supreme  court,  in  the  first  and  second 
judicial  districts,  that  the  public  interests  require  a  more  speedy 
disposition  thereof,  the  appellate  division  of  the  supreme  court  in 
the  first  and  second  departments  may  certify  such  fact  to  the  gov- 
ernor, together  with  a  recommendation  that  he  may  designate  as 
many  persons  to  act  as  trial  commissioners  of  the  supreme  court  in 
such  judicial  district  for  a  specified  period,  as  the  said  appellate 
division  may  deem  requisite.  The  governor  shall  thereupon  desig- 
nate the  number  of  trial  commissioners  so  recommended  for  the 
specified  period.  The  persons  so  designated  shall  be  attorneys  and 
counsellors-at-law  of  at  least  ten  years'  standing,  practicing  and 
residing  in  the  judicial  district  to  which  they  are  appointed. 
Their  jurisdiction  shall  be  limited  to  the  trial  of  such  actions  and 
special  proceedings,  and  the  disposition  of  such  business,  upon  the 
trial  term  calendars  of  the  supreme  court  in  said  district,  as  may 
be  assigned  to  them,  and  subject  to  such  rules  and  regulations  as 
shall  be  made  with  regard  thereto,  by  said  appellate  division. 
Every  such  trial  commissioner,  when  holding  a  trial  term,  shall 
exercise  therein  all  the  powers  conferred  by  law  upon  trial  jus- 
tices of  the  supreme  court  in  the  trial  of  actions  and  special  pro- 
ceedings at  trial  term;  and  may  settle  a  case  upon  appeal  after 
the  expiration  of  his  specified  term.  For  his  services,  each  trial 
commissioner  shall  be  paid  while  actually  engaged  under  his  desig- 
nation, such  sum  monthly  as  shall  be  equal  to  the  salary  for  a 
like  period  of  a  justice  of  the  supreme  court  in  the  first  and  second 
judicial  district  and  such  compensation  shall  be  paid  to  him  in 
the  same  manner.  Each  of  such  trial  commissioners  may  appoint 
such  attendants  for  the  trial  term  to  ivhich  he  is  assigned  as  may 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      107 

Article  VI,  $  2 

be  necessary,  not  exceeding  four;  and  all  existing  provisions  of 
law  relating  to  the  appointment  of  clerks  and  stenographers  for 
the  parts  and  terms  of  the  supreme  court  in  the  first  and  second 
judicial  districts  shall  be  applicable  to  the  trial  terms  to  which 
such  trial  commissioners  may  be  assigned. 

1900.     A.  No.  1550  (Int.  685).     To  S. 

A.  J.  401,  1095,  1394,  1506,  1601,  1621,  1699. 
S.  J.  906. 

7.    Assignment  of  county  judges  to  assist  supreme  court  justices 

§  1.  (Proposal  to  add  the  following:)  Whenever  and  as  often 
as  the  number  of  causes  upon  the  calendar  of  the  trial  term  of  the 
supreme  court  in  any  county  shall  exceed  two  thousand.,  the  appel- 
late division  of  the  department  embracing  such  county  shall  certify 
such  fact  to  the  governor,  who  shall  thereupon  designate  such 
number  of  county  judges,  not  exceeding  ten,  as  he  shall  deem 
necessary,  to  act  as  justices  of  the  supreme  court  for  such  time 
as  he  shall  designate,  but  no  longer  than  until  the  number  of 
causes  upon  the  said  calendar  shall  have  been  reduced  to  two  thou- 
sand, which  fact  shall  thereupon  be  certified  by  such  appellate 
division  to  the  governor,  and  on  the  filing  of  said  certificate  such 
designations  of  county  judges  to  serve  as  justices  of  the  supreme 
court  shall  thereupon  expire.  The  county  judges  so  designated 
shall  continue  to  act  as  county  judges,  except  during  the  time  for 
which  they  shall  be  so  designated  as  justices  of  the  supreme  court. 
They  shall  receive  the  same  compensation  for  their  services  as 
such  justices  as  is  paid  to  justices  of  the  supreme  court  from  other 
departments  assigned  to  the  county  to  which  such  county  judges 
are  designated,  to  be  paid  in  the  same  manner.  No  county  judge 
shall  serve  as  justice  of  the  supreme  court  except  while  holding 
the  office  of  county  judge,  nor  shall  sit  outside  the  county  to  which 
he  shall  be  assigned. 

1902.     S.  No.  84  (Int.  84).     ('Same  as  A.  No.  133.) 

S.  J.  29. 

A.  No.  133  (Int.  133).     (Same  as  S.  No.  84.) 
A.  J.  58. 

§  2.  The  Legislature  shall  divide  the  State  into  four  judicial 
departments.  The  first  department  shall  consist  of  the  county 
of  New  York;  the  others  shall  be  bounded  by  county  lines,  and 
be  compact  and  equal  in  population  as  nearly  as  may  be.  Once 
every  ten  years  the  Legislature  may  alter  the  judicial  depart- 
ments, but  without  increasing  the  number  thereof. 
PART  II  —  5 


108          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  §  2 

There  shall  be  an  Appellate  Division  of  the  Supreme  Court, 
consisting  of  seven  Justices  in  the  first  department,  and  of  five 
Justices  in  each  of  the  other  departments.  In  each  department 
four  shall  constitute  a  quorum,  and  the  concurrence  of  three  shall 
be  necessary  to  a  decision.  No  more  than  five  Justices  shall  sit 
in  any  case. 

From  all  the  Justices  elected  to  the  Supreme  Court  the  Gov- 
ernor shall  designate  those  who  shall  constitute  the  Appellate 
Division  in  each  department;  and  he  shall  designate  the  Presid- 
ing Justice  thereof,  who  shall  act  as  such  during  his  term  of 
office,  and  shall  be  a  resident  of  the  department.  The  other  Jus- 
tices shall  be  designated  for  terms  of  five  years,  or  the  unexpired 
portions  of  their  respective  terms  of  office,  if  less  than  five  years. 
From  time  to  time  as  the  terms  of  such  designations  expire,  or 
vacancies  occur,  he  shall  make  new  designations.  He  may  also 
make  temporary  designations  in  case  of  the  absence  or  inability 
to  act,  of  any  Justice  in  the  Appellate  Division.  A  majority  of 
the  Justices  designated  to  sit  in  the  Appellate  Division  in  each 
department  shall  be  residents  of  the  department.  Whenever  the 
Appellate  Division  in  any  department  shall  be  unable  to  dispose 
of  its  business  within  a  reasonable  time,  a  majority  of  the  Pre- 
siding Justices  of  the  several  departments  at  a  meeting  called 
by  the  Presiding  Justice  of  the  department  in  arrears  may  trans- 
fer any  pending  appeals  from  such  department  to  any  other 
department  for  hearing  and  determination.  No  Justice  of  the 
Appellate  Division  shall  exercise  any  of  the  powers  of  a  Justice 
of  the  Supreme  Court,  other  than  those  of  a  Justice  out  of  court, 
and  those  pertaining  to  the  Appellate  Division  or  to  the  hearing 
and  decision  of  motions  submitted  by  consent  of  counsel.  From 
and  after  the  last  day  of  December,  eighteen  hundred  and  ninety- 
five,  the  Appellate  Division  shall  have  the  jurisdiction  now  exer- 
cised by  the  Supreme  Court  at  its  General  Terms,  and  by  the 
General  Terms  of  the  Court  of  Common  Pleas  for  the  City  and 
County  of  New  York,  the  Superior  Court  of  the  City  of  New  York, 
the  Superior  Court  of  Buffalo  and  the  City  Court  of  Brooklyn, 
and  such  additional  jurisdiction  as  may  be  conferred  by  the  Leg- 
islature. It  shall  have  power  to  appoint  and  remove  a  reporter. 

The  Justices  of  the  Appellate  Division  in  each  department  shall 
have  power  to  fix  the  times  and  places  for  holding  Special  and 
Trial  Terms  therein,  and  to  assign  the  Justices  in  the  departments 
to  hold  such  terms ;  or  to  make  rules  therefor. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      109 

Article  VI,  §  2 

AMENDMENTS  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  2.  The  legislature  shall  divide  the  state  into  four  judicial 
departments.  The  first  department  shall  consist  of  the  county 
of  New  York ;  the  others  shall  be  bounded  by  county  lines,  and 
be  compact  and  equal  in  population  as  nearly  as  may  be.  Once 
every  ten  years  the  legislature  may  alter  the  judicial  depart- 
ments, but  without  increasing  the  number  thereof.  There  shall 
be  an  appellate  division  of  the  supreme  court,  consisting  of 
seven  justices  in  the  first  department,  and  of  five  justices  in  each 
of  the  other  departments.  In  each  department  four  shall  con- 
stitute a  quorum,  and  the  concurrence  of  three  shall  be  neces- 
sary to  a  decision.  No  more  than  five  justices  shall  sit  in  any 
case.  From  all  the  justices  elected  to  the  supreme  court  the 
governor  shall  designate  those  who  shall  constitute  the  appellate 
division  in  each  department;  and  he  shall  designate  the  presid- 
ing justice  thereof,  who  shall  act  as  such  during  his  term  of 
office,  and  shall  be  a  resident  of  the  department.  The  other  jus- 
tices shall  be  designated  for  terms  of  five  years  or  the  unexpired 
portions  of  their  respective  terms  of  office,  if  less  than  five  years. 
From  time  to  time  as  the  terms  of  such  designations  expire,  or 
vacancies  occur,  he  shall  make  new  designations.  A  majority 
of  the  justices  so  designated  to  sit  in  the  appellate  division  in 
each  department  shall  be  residents  of  the  department.  He  may 
also  make  temporary  designations  in  case  of  the  absence  or  inabil- 
ity to  act  of  any  justice  in  the  appellate  division  [.J  [A  majority 
of  the  justices  designated  to  sit  in  the  appellate  division  in  each 
department  shall  be  residents  of  the  departments.],  or  in  case  the 

presiding  justice  of  any  appellate  division  shall  certify  to  him 
that  one  or  more  additional  justices  are  needed  for  the  speedy 
disposition  of  the  business  before  it.  Whenever  the  appellate 
division  in  any  department  shall  be  unable  to  dispose  of  its  busi- 
ness within  a  reasonable  time,  a  majority  of  the  presiding  jus- 
tices of  the  several  departments  at  a  meeting  called  by  the  pre- 
siding justice  of  the  department  in  arrears  may  transfer  any 
pending  appeals  from  such  department  to  any  other  department 
for  hearing  and  determination.  No  justice  of  the  appellate 
division  shall  exercise  any  of  the  powers  of  a  justice  of  the 
supreme  court,  other  than  those  of  a  justice  out  of  court,  and 


110  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  §  2 

those  pertaining  to  the  appellate  division  or  to  the  hearing  and 
decision  of  motions  submitted  by  consent  of  counsel.  From 
and  after  the  last  day  of  December,  eighteen  hundred  and  ninety- 
five,  the  appellate  division  shall  have  the  jurisdiction  now  exer- 
cised by  the  supreme  court  at  its  general  terms  and  by  the  gen- 
eral terms  of  the  court  of  common  pleas  for  the  city  and  county 
of  New  York,  the  superior  court  of  the  city  of  New  York,  the 
superior  court  of  Buffalo  and  the  city  court  of  Brooklyn,  and  such 
additional  jurisdiction  as  may  be  conferred  by  the  legislature. 
It  shall  have  power  to  appoint  and  remove  a  reporter.  The  jus- 
tices of  the  appellate  division  in  each  department  shall  have 
power  to  fix  the  times  and  places  for  holding  special  and  trial 
terms  therein,  and  to  assign  the  justices  in  the  departments  to 
hold  such  terms ;  or  to  make  rules  therefor. 

1898.  S.  No.  150  (Int.  146).  To  Sec.  of  State. 

S.  J.  71,  210,  264,  274,  280,  1117. 
A.  J.  65'2,  2037,  2084,  2156,  2158. 

1899.  S.  No.  1313  (Int.  919).  (Same  as  A.  No.  2115.)  To  Sec.  of  State. 

S.  J.  933,  1119,  1199,  1209,  1327,  1332,  1334,  1393. 

A.  J.  2670. 
A.  No.  2115  (Int.  1328).  (Same  as  S.  No.  1313.) 

A.  J.  1501,  1726.  2044,  2114,  2116,  2211,  2242,  '2275,  2277.  To  S. 

S.  J.  1259. 
Adopted  Nov.  7,  1899. 

Vote:  for,  283,880;  against,  137,408. 

§  2.  The  legislature  shall  divide  the  state  into  four  judicial 
departments.  The  first  department  shall  consist  of  the  county  of 
New  York;  the  others  shall  be  bounded  by  county  lines,  and  be 
compact  and  equal  in  population  as  nearly  as  may  be.  Once 
every  ten  years  the  legislature  may  alter  the  judicial  depart- 
ments, but  without  increasing  the  number  thereof.  There  shall 
be  an  appellate  division  of  the  supreme  court,  consisting  of  seven 
justices  in  the  first  department,  and  of  five  justices  in  each  of  the 
other  departments.  In  each  department  four  shall  constitute  a 
quorum,  and  the  concurrence  of  three  shall  be  necessary  to  a 
decision.  No  more  than  five  justices  shall  sit  in  any  case.  From 
all  the  justices  elected  to  the  supreme  court  the  governor  shall 
designate  those  who  shall  constitute  the  appellate  division  in 
each  department;  and  he  shall  designate  the  presiding  justice 
thereof,  who  shall  act  as  such  during  his  term  of  office,  and  shall 
be  a  resident  of  the  department.  The  other  justices  shall  be 
designated  for  terms  of  five  years  or  the  unexpired  portions  of 
their  respective  terms  of  office,  if  less  than  five  years.  From 
time  to  time  as  the  terms  of  such  designations  expire,  or  vacancies 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       111 

Article  VI,  §  2 

occur,  he  shall  make  new  designations.  A  majority  of  the  jus- 
tices so  designated  to  sit  in  the  appellate  division,  in  each  depart- 
ment shall  be  residents  of  the  department.  He  may  also  make 
temporary  designations  in  case  of  the  absence  or  inability  to  act 
of  any  justice  in  the  appellate  division,  or  in  case  the  presiding 
justice  of  any  appellate  division  shall  certify  to  him  that  one  or 
more  additional  justices  are  needed  for  the  speedy  disposition 
of  the  business  before  it.  Whenever  the  appellate  division  in 
any  department  shall  be  unable  to  dispose  of  its  business  within 
a  reasonable  time,  a  majority  of  the  presiding  justices  of  the 
several  departments  at  a  meeting  called  by  the  presiding  justice 
of  the  department  in  arrears  may  transfer  any  pending  appeals 
from  such  department  to  any  other  department  for  hearing  and 
determination.  No  justice  of  the  appellate  division  shall,  within 
the  department  to  which  he  may  be  designated  to  perform  the 
duties  of  an  appellate  justice,  exercise  any  of  the  powers  of  a 
justice  of  the  supreme  court,  other  than  those  of  a  justice  out  of 
court,  and  those  pertaining  to  the  appellate  division,  or  to  the 
hearing  and  decision  of  motions  submitted  by  consent  of  counsel, 
but  any  such  justice,  when  not  actually  engaged  in  performing 
the  duties  of  such  appellate  justice  in  the  department  to  which  he 
is  designated,  may  hold  any  term  of  the  supreme  court  and  exer- 
cise any  of  the  powers  of  a  justice  of  the  supreme  court  in  any 
county  or  judicial  district  in  any  other  department  of  the  state. 
From  and  after  the  last  day  of  December,  eighteen  hundred  and 
ninety-five,  the  appellate  division  shall  have  the  jurisdiction  now 
exercised  by  the  supreme  court  at  its  general  terms  and  by  the 
general  terms  of  the  court  of  common  pleas  for  the  city  and 
county  of  New  York,  the  superior  court  of  the  city  of  New  York, 
the  superior  court  of  Buffalo  and  the  city  of  Brooklyn,  and  such 
additional  jurisdiction  as  may  be  conferred  by  the  legislature. 
It  shall  have  power  to  appoint  and  remove  a  reporter.  The  jus- 
tices of  the  appellate  division  in  each  department  shall  have  power 
to  fix  the  times  and  places  for  holding  special  [and  trial]  terms 
therein,  and  to  assign  the  justices  in  the  departments  to  hold  such 
terms ;  or  to  make  rules  therefor. 

1904.  S.  No.  991  (Int.  124).  To  Sec.  of  State. 
S.  J.  38,  639,  710,  732,  842,  8'69,  1420. 
A.  J.  1684,  1759,  1880,  '2108,  2178.  , 


112  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  $  2 

1905.     S.  No.  292  (Int.  272).     To  Sec.  of  State. 
S.  J.  Ill,  975,  1032,  1097,  1388. 
A.  J.  2152,  2427,  2518,  2591. 
Adopted  Nov.  7,  1905. 
Vote:     for,  288,277;  against,  125,649. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  BUT  REJECTED 

1.    Taking  power  from  appellate  division  to  designate  special  terms,  assign 
justices  in  department  and  make  rules 

§  2.  The  legislature  shall  divide  the  state  into  four  judicial  de- 
partments. The  first  department  shall  consist  of  the  county  of 
New  York;  the  others  shall  be  bounded  by  county  lines,  and  be 
compact  and  equal  in  population  as  nearly  as  may  be.  Once  every 
ten  years  the  legislature  may  alter  the  judicial  departments,  but 
without  increasing  the  number  thereof.  There  shall  be  an  appel- 
late division  of  the  supreme  court,  consisting  of  seven  justices  in 
the  first  department,  and  of  five  justices  in  each  of  the  other  de- 
partments. In  each  department  four  shall  constitute  a  quorum, 
and  the  concurrence  of  three  shall  be  necessary  to  a  decision.  No 
more  than  five  justices  shall  sit  in  any  case.  From  all  the  jus- 
tices elected  to  the  supreme  court  the  governor  shall  designate 
those  who  shall  constitute  the  appellate  division  in  each  depart- 
ment; and  he  shall  designate  the  presiding  justice  thereof,  who 
shall  act  as  such  during  his  term  of  office,  and  shall  be  a  resident 
of  the  department.  The  other  justices  shall  be  designated  for 
terms  of  five  years  or  the  unexpired  portions  of  their  respective 
terms  of  office,  if  less  than  five  years.  From  time  to  time  as  the 
terms  of  such  designations  expire,  or  vacancies  occur,  he  shall  make 
new  designations.  A  majority  of  the  justices  so  designated  to  sit 
in  the  appellate  division  in  each  department  shall  be  residents  of 
the  department.  He  may  also  make  temporary  designations  in 
case  of  the  absence  or  inability  to  act  of  any  justice  in  the  appel- 
late division,  or  in  case  the  presiding  justice  of  any  appellate  divi- 
sion shall  certify  to  him  that  one  or  more  additional  justices  are 
needed  for  the  speedy  disposition  of  the  business  before  it.  When- 
ever the  appellate  division  in  any  department  shall  be  unable  to 
dispose  of  its  business  within  a  reasonable  time,  a  majority  of  the 
presiding  justices  of  the  several  departments  at  a  meeting  called 
by  the  presiding  justice  of  the  department  in  arrears  may  transfer 
any  pending  appeals  from  such  department  to  any  other  depart- 
ment for  hearing  and  determination.  No  justice  of  the  appellate 
division  shall,  within  the  department  to  which  he  may  be  desig- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      113 

Article  VI,  §  2 

nated  to  perform  the  duties  of  an  appellate  justice,  exercise  any 
of  the  powers  of  a  justice  of  the  supreme  court,  other  than  those 
of  a  justice  out  of  court,  and  those  pertaining  to  the  appellate  divi- 
sion, or  to  the  hearing  and  decision  of  motions  submitted  by  con- 
sent of  counsel,  but  any  such  justice,  when  not  actually  engaged  in 
performing  the  duties  of  such  appellate  justice  in  the  department 
to  which  he  is  designated,  may  hold  any  term  of  the  supreme  court 
and  exercise  any  of  the  powers  of  a  justice  of  the  supreme  court 
in  any  county  or  judicial  district  in  any  other  department  of  the 
state.  From  and  after  the  last  day  of  December,  eighteen  hun- 
dred and  ninety-five,  the  appellate  division  shall  have  the  jurisdic- 
tion now  exercised  by  the  supreme  court  at  its  general  terms  and 
by  the  general  terms  of  the  court  of  common  pleas  for  the  city  and 
county  of  New  York,  the  superior  court  of  the  city  of  New  York, 
the  superior  court  of  Buffalo  and  the  city  of  Brooklyn,  and  such 
additional  jurisdiction  as  may  be  conferred  by  the  legislature.  It 
shall  have  power  to  appoint  and  remove  a  reporter.  [The  justices 
of  the  appellate  division  in  each  department  shall  have  power  to 
nx  the  times  and  places  for  holding  special  terms  therein,  and  to 
assign  the  justices  in  the  departments  to  hold  such  terms;  or  to 
make  rules  therefor.] 

1909.  S.  No.  309  (Int.  291).  (Same  as  A.  No.  570.)  To  A. 

S.  J.  184,  992,  1041,  1227. 
A.  J.  2321. 

A.  No.  570  (Int.  536).  (Same  as  S.  No.  309.) 
A.  J.  317,  1507,  1597,  1654. 

1910.  S.  No.  96  (Int.  96).  (Same  as  A.  No.  592.)  To  Sec.  of  State. 

S.  J.  39,  368,  381,  663,  1897,  1899. 
A.  J.  1481,  2935,  2947,  2980,  3069,  3225. 
A.  No.  592  (Int.  556).  (Same  as  S.  No.  96.) 
A.  J.  244. 

1911.  S.  No.  176  (Int.  172).  (Same  as  A.  No.  358.)  To  Sec.  of  State. 

S.  J.  75,  '213,  226,  240,  242,  534. 

A.  J.  526,  990,  1053,  1090. 
A.  No.  358  (Int.  351).  (Same  as  S.  No.  176.)  To  S. 

A.  J.  178,  662,  696,  702,  713,  755,  921. 

S.  J.  482. 
Kejected  Nov.  7,  1911. 

Vote:     for,  267,194;  against,  352,830. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Designation  of  appellate  division  justices  by  court  of  appeals 

§  2.  The  legislature  shall  divide  the  state  into  four  judicial 
departments.  The  first  department  shall  consist  of  the  county 
of  New  York;  the  others  shall  be  bounded  by  county  lines, 
and  be  compact  and  equal  in  population  as  nearly  as  may  be. 
Once  every  ten  years  the  legislature  may  alter  the  judicial  depart- 


114  NEW  YOBK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  §  2 

merits  but  without  increasing  the  number  thereof.    There  shall  be 
an  appellate  division  of  the  supreme  court,  consisting  of  seven  jus- 
tices in  the  first  department,  and  of  five  justices  in  each  of  the 
other  departments.     In  each  department  four  shall  constitute  a 
quorum,  and  the  concurrence  of  three  shall  be  necessary  to  a  deci- 
sion.    No  more  than  five  justices  shall  sit  in  any  case.     From  all 
the  justices  elected  to  the  supreme  court  the  [Governor]  court  of 
appeals  shall  designate  those  who  shall  constitute  the  appellate 
division  in  each  department;  and  [he]  the  court  of  appeals  shall 
designate  the  presiding  justice  thereof,  who  shall  act  as  such  dur- 
ing his  term  of  office,  and  shall  be  a  resident  of  the  department. 
The  other  justices  shall  be  designated  for  terms  of  five  years  or  the 
unexpired  portions  of  their  respective  terms  of  office,  if  less  than 
five  years.     From  time  to  time  as  the  terms  of  such  designations 
expire,  or  vacancies  occur,  [he]  the  court  of  appeals  shall  make 
new  designations.     A  majority  of  the  justices  so  designated  to  sit 
in  the  appellate  division,  in  each  department  shall  be  residents  of 
the  department.     [He]  The  court  of  appeals  may  also  make  tem- 
porary designations  in  case  of  the  absence  or  inability  to  act  of  any 
justice  in  the  appellate  division,  or  in  case  the  presiding  justice  of 
any  appellate  division  shall  certify  to  [him]  the  court  of  appeals 
that  one  or.  more  additional  justices  are  needed  for  the  speedy  dis- 
position of  the  business  before  it.     Whenever  the  appellate  divi- 
sion in  any  department  shall  be  unable  to  dispose  of  its  business 
within  a  reasonable  time,  a  majority  of  the  presiding  justices  of 
the  several  departments  at  a  meeting  called  by  the  presiding  jus- 
tice of  the  department  in  arrears  may  transfer  any  pending  ap- 
peals from  such  department  to  any  other  department  for  hearing 
and  determination.     No  justice  of  the  appellate  division  shall  ex- 
ercise any  of  the  powers  of  a  justice  of  the  supreme  court,  other 
than  those  of  a  justice  out  of  court,  and  those  pertaining  to  the 
appellate  division  or  to  the  hearing  and  decision  of  motions  sub- 
mitted by  consent  of  counsel.     From  and  after  the  last  day  of 
December,  eighteen  hundred  and  ninety-five,  the  appellate  division 
shall  have  the  jurisdiction  now  exercised  by  the  supreme  court  at 
its  general  terms  and  by  the  general  terms  of  the  court  of  common 
pleas  for  the  city  and  county  of  New  York,  the  superior  court  of 
the  city  of  New  York,  the  superior  court  of  Buffalo  and  the  city  of 
Brooklyn,  and  such  additional  jurisdiction  as  may  be  conferred 
by  the  legislature.  It  shall  have  power  to  appoint  and  remove  a  re- 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895—1914      115 

Article  VI,  §  2 

porter.  The  justices  of  the  appellate  division  in  each  department 
shall  have  power  to  fix  the  times  and  places  for  holding  special  and 
trial  terms  therein,  and  to  assign  the  justices  in  the  departments 
to  hold  such  terms ;  or  to  make  rules  therefor. 

1903.     S.  No.  71  (Int.  71).     (Same  as  A.  No.  21.) 

S.  J.  35. 
A.  No.  21  (Int.  21).     (Same  as  'S.  No.  71.) 

A.  J.  35. 
1934.     A.  No.  379  (Int.  176). 

A.  J.  85,  162. 
1905.     S.  No. (Int. ).* 

A.  J.  55. 

2.    Designation  of  appellate  division  justices  by  court  of  appeals  —  appoint- 
ment of  extra  special  or  trial  terms 

§  2.  The  legislature  shall  divide  the  state  into  four  judicial  de- 
partments. The  first  department  shall  consist  of  the  county  of 
New  York;  the  others  shall  be  bounded  by  county  lines,  and  be 
compact  and  equal  in  population  as  nearly  as  [may]  can  be.  Once 
every  ten  years  the  legislature  may  alter  the  judicial  departments, 
but  without  increasing  the  number  thereof.  There  shall  be  an 
appellate  division  of  the  supreme  court,  consisting  of  seven  justices 
in  the  first  department,  and  of  five  justices  in  each  of  the  other 
departments.  In  each  department  four  shall  constitute  a  quorum 
and  the  concurrence  of  three  shall  be  necessary  to  a  decision.  No 
more  than  five  justices  shall  sit  in  any  case.  From  all  the  justices 
elected  to  the  supreme  court  the  [governor]  court  of  appeals  shall 
designate  those  who  shall  constitute  the  appellate  division  in  each 
department  and  [he]  shall  designate  [the]l  a  presiding  justice 
thereof,  who  shall  act  as  such  during  his  term  of  office  and  shall 
be  a  resident  of  the  department.  The  other  justices  shall  be  desig- 
nated for  terms  of  five  years  or  the  unexpired  portion[s]  of  their 
respective  terms  of  office,  if  less  than  five  years.  From  time  to 
time  as  the  term[s]!  of  such  designations  expire,  or  vacancies  oc- 
cur, [he]  it  shall  make  new  designations.  A  majority  of  the  jus- 
tices so  designated  to  sit  in  the  appellate  division,  in  each  depart- 
ment shall  be  residents  of  the  department.  [He  may  also  make 
temporary  designations  in  case  of  the  absence  or  inability  to  act  of 
any  justice  in  the  appellate  division,  or  in  case  the  presiding  jus- 
tice of  any  appellate  division  shall  certify  to  him  that  one  or  more 
additional  justices  are  needed  for  the  speedy  disposition  of  the 


*  Proposed  constitutional  amendment  referred  to  in  A.  J.  55  apparently 
not  printed. 


116          NEW  YOKK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  §  2 

business  before  it.]  In  case  of  the  absence  or  inability  to  act  of 
any  justice  in  the  appellate  division  the  presiding  justice  of  such 
appellate  division  shall  make  a  temporary  designation  of  some 
justice  in  the  department  to  act  in  the  place  and  stead  of  such  ab- 
sent or  incapacitated  justice.  Whenever  the  appellate  division 
in  any  department  shall  be  unable  to  dispose  of  its  business  within 
a  reasonable  time,  a  majority  of  the  presiding  justices  of  the  sev- 
eral departments  at  a  meeting  called  by  the  presiding  justice  of 
the  department  in  arrears  may  transfer  any  pending  appeals  from 
such  department  to  any  other  department  for  hearing  and  determi- 
nation. [No  justice  of  the  appellate  division  shall  exercise  any 
of  the  powers  of  a  justice  of  the  supreme  court,  other  than  those 
of  a  justice  out  of  court,  and  those  pertaining  to  the  appellate  divi- 
sion or  to  the  hearing  and  decision  of  motions  submitted  by  con- 
sent of  counsel.]  From  and  after  the  last  day  of  December,  eigh- 
teen hundred  and  ninety-five,  the  appellate  division  shall  have  the 
jurisdiction  now  exercised  by  the  supreme  court  at  its  general 
terms  and  by  the  general  terms  of  the  court  of  common  pleas  for 
the  city  and  county  of  New  York,  the  superior  court  of  the  city  of 
New  York,  the  superior  court' of  Buffalo  and  the  city  of  Brooklyn, 
and  such  additional  jurisdiction  as  may  be  conferred  by  the  legis- 
lature. It  shall  have  power  to  appoint  and  remove  a  reporter. 
The  justices  of  the  appellate  division  in  each  department  shall  have 
power  to  fix  the  times  and  places  for  holding  special  and  trial  terms 
therein,  and  to  assign  the  justices  in  the  department  to  hold  such 
terms,  or  to  make  rules  therefor.  //  when  any  appellate  division 
is  not  in  session  the  necessity  arises  for  holding  an  extra  special  or 
trial  term  in  such  department  the  presiding  justice  of  the  appel- 
late division  of  that  department  shall  appoint  a  time  and  place  for 
the  holding  of  such  extra  special  or  trial  term  and  designate  a  jus- 
tice to  hold  the  same. 

1902.     S.  No.  451  (Int.  388).     (Same  as  A.  No.  651.) 

S.  J.  213. 

A.  No.  651  (Int.  585).     (Same  as  S.  No.  451.) 
A.  J.  331,  1051. 

3.    Designation  of  appellate  division  justices  by  court  of  appeals  —  powers 
of  appellate  division  justice  within  and  outside  department 

§  2.  The  legislature  shall  divide  the  state  into  four  judicial  de- 
partments. The  first  department  shall  consist  of  the  county  of 
New  York;  the  others  shall  be  bounded  by  county  lines  and  be 
compact  and  equal  in  population  as  nearly  as  may  be.  Once  every 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      117 

Article  VI,  §  2 

ten  years  the  legislature  may  alter  the  judicial  departments  but 
without  increasing  the  number  thereof.  There  shall  be  an  appel- 
late division  of  the  supreme  court,  consisting  of  seven  justices  in 
the  first  department,  and  of  five  justices  in  each  of  the  other  de- 
partments. In  each  department  four  shall  constitute  a  quorum, 
and  the  concurrence  of  three  shall  be  necessary  to  a  decision.  No 
more  than  five  justices  shall  sit  in  any  case.  From  all  the  justices 
elected  to  the  supreme  court  the  [governor]  court  of  appeals  shall 
designate  those  who  shall  constitute  the  appellate  division  in  each 
department;  and  [he]  the  court  of  appeals  shall  designate  the 
presiding  justice  thereof,  who  shall  act  as  such  during  his  term 
of  office,  and  shall  be  a  resident  of  the  department.  The  other 
justices  shall  be  designated  for  terms  of  five  years  or  the  un ex- 
pired portions  of  their  respective  terms  of  office,  if  less  than  five 
years.  From  time  to  time  as  the  terms  of  such  designations  ex- 
pire, or  vacancies  occur,  [he]  the  court  of  appeals  shall  make  new 
designations.  A  majority  of  the  justices  so  designated  to  sit  in 
the  appellate  division,  in  each  department  shall  be  residents  of  the 
department.  [He]  The  court  of  appeals  may  also  make  tempo- 
rary designations  in  case  of  the  absence  or  inability  to  act  of  any 
justice  in  the  appellate  division,  or  in  case  the  presiding  justice 
of  any  appellate  division  shall  certify  to  [him]  the  court  of  ap- 
peals that  one  or  more  additional  justices  are  needed  for  the  speedy 
disposition  of  the  business  before  it.  Whenever  the  appellate 
division  in  any  department  shall  be  unable  to  dispose  of  its  busi- 
ness within  a  reasonable  time,  a  majority  of  the  presiding  justices 
of  the  several  departments  at  a  meeting  called  by  the  'presiding 
justice  of  the  department  in  arrears  may  transfer  any  pending 
appeals  from  such  department  to  any  other  department  for  hear- 
ing and  determination.  No  justice  of  the  appellate  division  shall[, 
within  the  department  to  which  he  may  be  designated  to  perform 
the  duties  of  an  appellate  justice,]  exercise  any  of  the  powers  of- 
the  supreme  court,  other  than  those  of  a  justice  out  of  court,  and 
those  pertaining  to  the  appellate  division  or  to  the  hearing  and 
decision  of  motions  submitted  by  consent  of  counsel[,  but  any  such 
justice,  when  not  actually  engaged  in  performing  the  duties  of 
such  appellate  justice  in  the  department  to  which  he  is  designated, 
may  hold  any  term  of  the  supreme  court  and  exercise  any  of  the 
powers  of  a  justice  of  the  supreme  court  in  any  county  or  judicial 
district  in  any  other  department  of  the  state.]  From  and  after 


118  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  §  2 

the  last  day  of  December,  eighteen  hundred  and  ninety-five,  the 
appellate  division  shall  have  the  jurisdiction  now  exercised  by  the 
supreme  court  at  its  general  terms  and  by  the  general  terms  of  the 
court  of  common  pleas  for  the  city  and  county  of  New  York,  the 
superior  court  of  the  city  of  New  York,  the  superior  court  of  Buf- 
falo and  the  city  of  Brooklyn,  and  such  additional  jurisdiction  as 
may  be  conferred  by  the  legislature.  It  shall  have  power  to  ap- 
point and  remove  a  reporter.  The  justices  of  the  appellate  divi- 
sion in  each  department  shall  have  power  to  fix  the  times  and 
places  for  holding  special  and  trial  terms  therein,  and  to  assign 
the  justices  in  the  departments  to  hold  such  terms;  or  to  make 
rules  therefor. 

1908.  A.  No.  889  (Int.  767). 

A.  J.  361,  1649. 

1909.  A.  No.  918  (Int.  832). 

A.  J.  524. 

4.    Jurisdiction  of  appellate  division  —  power  to  fix  times  and  places  of 
trial  terms 

§  2.  The  legislature  shall  divide  the  state  into  four  judicial 
departments.  The  first  department  shall  consist  of  the  county  of 
New  York ;  the  other  shall  be  bounded  by  county  lines,  and  be  com- 
pact and  equal  in  population  as  nearly  as  may  be.  Once  every  ten 
years  the  legislature  may  alter  the  judicial  departments,  but  with- 
out increasing  the  number  thereof.  There  shall  be  an  appellate 
division  of  the  supreme  court,  consisting  of  seven  justices  in  the 
first  department,  and  of  five  justices  in  each  of  the  other  depart- 
ments. In  each  department  four  shall  constitute  a  quorum,  and 
the  concurrence  of  three  shall  be  necessary  to  a  decision.  No  more 
than  five  justices  shall  sit  in  any  case.  From  all  the  justices  elected 
to  the  supreme  court  the  governor  shall  designate  those  who  shall 
constitute  the  appellate  division  in  each  department;  and  he  shall 
designate  the  presiding  justice  thereof,  who  shall  act  as  such  dur- 
ing his  term  of  office,  and  shall  be  a  resident  of  the  department, 
The  other  justices  shall  be  designated  for  terms  of  five  years  or  the 
unexpired  portions  of  their  respective  terms  of  office,  if  less  than 
five  years.  From  time  to  time,  as  the  terms  of  such  designations 
expire,  or  vacancies  occur,  he  shall  make  new  designations.  A 
majority  of  the  justices  so  designated  to  sit  in  the  appellate  divi- 
sion, in  each  department  shall  be  residents  of  the  department.  He 
may  also  make  temporary  designations  in  case  of  the  absence  or 
inability  to  act  of  any  justice  in  the  appellate  division,  or  in  case 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      119 

Article  VI,  $  2 

the  presiding  justice  of  any  appellate  division  shall  certify  to  him 
that  one  or  more  additional  justices  are  needed  for  the  speedy  dis- 
position of  the  business  before  it.  Whenever  the  appellate  divi- 
sion in  any  department  shall  be  unable  to  dispose  of  its  business 
within  a  reasonable  time,  a  majority  of  the  presiding  justices  of 
the  several  departments  at  a  meeting  called  by  the  presiding  jus- 
tice of  the  department  in  arrears  may  transfer  any  pending  appeals 
from  such  department  to  any  other  department  for  hearing  and 
determination.  No  justice  of  the  appellate  division  shall  exercise 
any  of  the  powers  of  a  justice  of  the  supreme  court,  other  than 
those  of  a  justice  out  of  court,  and  those  pertaining  to  the  appel- 
late division  or  to  the  hearing  and  decision  of  motions  submitted 
by  consent  of  counsel.  From  and  after  the  last  day  of  December, 
eighteen  hundred  and  ninety-five,  the  appellate  division  shall  have 
the  jurisdiction  now  exercised  by  the  supreme  court  at  its  general 
terms  and  by  the  general  terms  of  the  court  of  common  pleas  for 
the  city  and  county  of  New  York,  the  superior  court  of  the  city  of 
New  York,  the  superior  court  of  Buffalo  and  the  city  of  Brooklyn, 
except  in  a  case  where  an  appeal  upon  a  question  of  law  may  be 
and  is  taken  directly  to  the  court  of  appeals  as  provided  in  section 
nine  of  this  article,  and  such  additional  jurisdiction  as  may  be 
conferred  by  the  legislature.  It  shall  have  power  to  appoint  and 
remove  a  reporter.  The  justices  of  the  appellate  division  in  each 
department  shall  have  power  to  fix  the  times  and  places  for  hold- 
ing special  [and  trial]  terms  therein,  and  to  assign  the  justices  in 
the  departments  to  hold  such  terms ;  or  to  make  rules  therefor. 

1904.     S.  No.  193  (Int.  187).     (Same  as  A.  No.  252.) 

S.  J.  59. 

A.  No.  252  (Int.  245).     (Same  as  S.  No.  193.) 
A.  J.  99. 

5.     Appellate  division  to  designate  times  and  places  of  trial  terms 

§  2.  The  legislature  shall  divide  the  state  into  four  judicial 
departments.  The  first  department  shall  consist  of  the  county  of 
New  York;  the  others  shall  be  bounded  by  county  lines,  and  be 
compact  and  equal  in  population  as  nearly  as  may  be.  Once  every 
ten  years  the  legislature  may  alter  the  judicial  departments,  but 
without  increasing  the  number  thereof.  There  shall  be  an  appel- 
late division  of  the  supreme  court,  consisting  of  seven  justices  in 
the  first  department,  and  of  five  justices  in  each  of  the  other  de- 
partments. In  each  department  four  shall  constitute  a  quorum, 
and  the  concurrence  of  three  shall  be  necessary  to  a  decision.  No 


120  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  §  2 

more  than  five  justices  shall  sit  in  any  case.  From  all  the  justices 
elected  to  the  supreme  court  the  governor  shall  designate  those 
who  shall  constitute  the  appellate  division  in  each  department ;  and 
he  shall  designate  the  presiding  justice  thereof,  who  shall  act  as 
such  during  his  term  of  office,  and  shall  be  a  resident  of  the  depart- 
ment. The  other  justices  shall  be  designated  for  terms  of  five 
years  or  the  unexpired  portions  of  their  respective  terms  of  office, 
if  less  than  five  years.  From  time  to  time  as  the  terms  of  such 
designations  expire,  or  vacancies  occur,  he  shall  make  new  designa- 
tions. A  majority  of  the  justices  so  designated  to  sit  in  the  appel- 
late division,  in  each  department  shall  be  residents  of  the  depart- 
ment. He  may  also  make  temporary  designations  in  case  of 
the  absence  or  inability  to  act  to  any  justice  in  the  appellate 
division,  or  in  case  the  presiding  justice  of  any  appellate  division 
shall  certify  to  him  that  one  or  more  additional  justices  are  needed 
for  the  speedy  disposition  of  the  business  before  it.  Whenever  the 
appellate  division  in  any  department  shall  be  unable  to  dispose  of 
its  business  within  a  reasonable  time,  a  majority  of  the  presiding 
justices  of  the  several  departments  at  a  meeting  called  by  the  pre- 
siding justice  of  the  department  in  arrears  may  transfer  any  pend- 
ing appeals  from  such  department  to  any  other  department  for 
hearing  and  determination.  No  justice  of  the  appellate  division 
shall,  within  the  department  to  which  he  may  be  designated  to 
perform  the  duties  of  an  appellate  justice,  exercise  any  of  the 
powers  of  a  justice  of  the  supreme  court,  other  than  those  of  a 
justice  out  of  court,  and  those  pertaining  to  the  appellate  division, 
or  to  the  hearing  and  decision  of  motions  submitted  by  consent  of 
counsel,  but  any  such  justice,  when  not  actually  engaged  in  per- 
forming the  duties  of  such  appellate  justice  in  the  department  to 
which  he  is  designated,  may  hold  any  term  of  the  supreme  court 
and  exercise  any  of  the  powers  of  a  justice  of  the  supreme  court  in 
any  county  or  judicial  district  in  any  other  department  of  the  state. 
From  and  after  the  last  day  of  December,  eighteen  hundred  and 
ninety-five,  the  appellate  division  shall  have  the  jurisdiction  now 
exercised  by  the  supreme  court  at  its  general  terms  and  by  the 
general  terms  of  the  court  of  common  pleas  for  the  city  and  county 
of  New  York,  the  superior  court  of  the  city  of  New  York,  the 
superior  court  of  Buffalo  and  the  city  of  Brooklyn,  and  such  addi- 
tional jurisdiction  as  may  be  conferred  by  the  legislature.  It  shall 
have  power  to  appoint  and  remove  a  reporter.  The  justices  of  the 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      121 

Article  VI,  $  4 

appellate  division  in  each  department  shall  have  power  to  fix  the 
times  and  places  for  holding  special  and  trial  terms  therein,_and  to 
assign  the  justices  in  the  departments  to  hold  such  terms;  or  to 
make  rules  therefor. 

1907.     S.  No.  353  (Int.  320).     (Substituted  for  A.  No.  754.)     To  Sec.  of 

'State. 

S.  J.  151,  276,  293,  307,  478. 
A.  J.  536,  786,  863. 
A.  No.  754  (Int.  697).     (S.  No.  353  substituted.) 

A.  J.  320,  612,  642,  662,  729,  787,  791. 
1909.     S.  No.  241  (Int.  '236).     To    A. 
S.  J.  119,  553,  583,  594. 
A.  J.  1070. 

§  4.  The  official  terms  of  the  Justices  of  the  Supreme  Court  shall 
be  fourteen  years  from  and  including  the  first  day  of  January 
next  after  their  election.  When  a  vacancy  shall  occur  otherwise 
than  by  expiration  of  term  in  the  office  of  Justice  of  the  Supreme 
Court  the  same  shall  be  filled  for  a  full  term,  at  the  next  general 
election,  happening  not  less  than  three  months  after  such  vacancy 
occurs ;  and,  until  the  vacancy  shall  be  so  filled,  the  Governor  by 
and  with  the  advice  and  consent  of  the  Senate,  if  the  Senate  shall 
be  in  session,  or  if  not  in  session  the  Governor,  may  fill  such  va- 
cancy by  appointment,  which  shall  continue  until  and  including 
the  last  day  of  December  next  after  the  election  at  which  the 
vacancy  shall  be  filled. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Commencement  of  term  of  supreme  court  justices  —  vacancies  other  than 
expiration  of  term 

§  4.  The  official  terms  of  the  justices  of  the  supreme  court  shall 
he  fourteen  years  from  and  including  the  first  day  of  January 
of  the  odd  numbered  year  next  after  their  election.  When  a  va- 
cancy shall  occur  otherwise  than  by  *experation  of  term  in  the 
office  of  justice  of  the  supreme  court  the  same  shall  be  filled  for 
a  full  term,  at  the  next  general  election  in  an  even  numbered  year, 
happening  not  less  than  three  months  after  such  vacancy  occurs ; 
and,  until  the  vacancy  shall  be  so  filled  the  governor,  by  and  with 
the  advice  and  consent  of  the  senate,  if  the  senate  shall  be  in 
session,  or  if  not  in  session  the  governor  may  fill  such  vacancy 
by  appointment,  which  shall  continue  until  and  including  the  las* 

*  So  in  original. 


122  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  §  4 

day  of  December  next  after  the  election  at  which  the  vacancy 
shall  be  filled. 

1898.     A.  No.  894  (Int.  778). 
A.  J.  491. 

2.  Court  of  appeals  to  fill  vacancies  —  in  supreme  court  by  appointment 

until  general  election 

§  4.  The  official  [terms]  term  of  the  justices  of  the  supreme 
court  shall  be  fourteen  years  from  and  including  the  first  day  of 
January  next  after  their  election.  When  a  vacancy  [shall  occur] 
occurs  otherwise  than  [by]  the  expiration  of  term  in  the  office  of 
justice  of  the  supreme  court  the  same  shall  be  filled  for  a  full 
term,  at  the  next  general  election,  happening  not  less  than  three 
months  after  such  vacancy  occurs;  and,  until  the  vacancy  shall 
be  so  filled,  the  [governor  by  and  with  the  advice  and  consent  of 
the  senate,  if  the  senate  shall  be  in  session,  or  if  not  in  session 
the  governor,]  court  of  appeals  may  fill  such  vacancy  by  appoint- 
ment^ which  shall  continue  until  and  including  the  last  day  of 
December  next  after  the  election  at  which  the  vacancy  shall  be 
filled]. 

1902.     S.  No.  451  (Int.  388).     (Same  as  A.  No.  657.) 

S.  J.  213. 

A.  No.  657  (Int.  585).     (Same  as  S.  No.  451.) 
A.  J.  331,  1051. 

3.  Elections  to  fill  vacancies  in  supreme  court  in  odd  numbered  years  — 

extension  of  term  of  certain  justices 

§  4.  The  official  terms  of  the  justices  of  the  supreme  court 
shall  be  fourteen  years  from  and  including  the  first  day  of  Janu- 
ary next  after  their  election.  When  a  vacancy  shall  occur  other- 
wise than  by  expiration  of  term  in  the  office  of  justice  of  the 
supreme  court  the  same  shall  be  filled  for  a  full  term  at  the  next 
general  election  happening  in  an  odd  numbered  year,  not  less  than 
three  months  after  such  vacancy  occurs;  and,  until  the  vacancy 
shall  be  so  filled,  the  governor,  by  and  with  the  advice  and  con- 
sent of  the  senate,  if  the  senate  shall  be  in  session  or,  if  not  in 
session,  the  governor  may  fill  such  vacancy  by  appointment,  which 
shall  continue  until  and  including  the  last  day  of  December  next 
after  the  election  at  which  the  vacancy  shall  be  filled.  All  elections 
for  justices  of  the  supreme  court  shall  be  held  on  the  Tuesday 
succeeding  the  first  Monday  of  November  in  an  odd  numbered 
year,,  and  the  term  of  every  such  justice  shall  expire  at  the  end 
of  an  odd  numbered  year.  The  term  of  office  of  all  justices  of  the 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      123 

Article  VI,  §  5a 

supreme  court  elected  before  this  provision  of  the  constitution 
shall  take  effect  whose  successors  have  not  then  been  elected,,  which 
would  expire  within  an  even  numbered  year,  are  extended  To  and 
including  the  last  day  of  December  next  following  the  time  when 
such  term  would  otherwise  expire;  and  their  successors  shall  be 
elected  at  the  general  election  before  their  term  of  office  shall 
expire,  as  herein  provided. 

1904.     S.  No.  196  (Int.  190).     (Same  as  A.  No.  251.) 

S.  J.  63. 

A.  No.  251  (Int.  244).     (Same  as  S.  No.  196.) 
A.  J.  99. 

4.  Appointee  to  fill  vacancy  in  supreme  court  of  same  political  party  as 

predecessor 

§  4.  The  official  terms  of  the  justices  of  the  supreme  coiirt  shall 
be  fourteen  years  from  and  including  the  first  day  of  January 
next  after  their  election.  When  a  vacancy  shall  occur  otherwise 
than  by  expiration  of  term  in  the  office  of  justice  of  the  supreme 
court  the  same  shall  be  filled  for  a  full  term,  at  the  next  general 
election,  happening  not  less  than  three  months  after  such  vacancy 
[occurs J  happens;  and,  until  the  vacancy  shall  be  [so]  filled, 
the  governor  by  and  with  the  advice  and  consent  of  the  senate, 
if  the  senate  shall  be  in  session,  or  if  not  in  session  the  governor, 
may  fill  such  vacancy  by  appointment,  which  shall  continue  until 
and  including  the  last  day  of  December  next  after  the  election 
at  which  the  vacancy  shall  be  filled.  But  in  filling  such  vacancy 
by  appointment  the  appointee  named  by  the  governor  shall  in 
all  cases  be  of  the  same  political  party  and  faith  as  was  the  justice 
to  fill  whose  place  he  shall  be  appointed. 

1908.  A.  No.  46  (Int.  46). 

A.  J.  32,  1650. 

1909.  A.  No.  918  (Int.  832). 

A.  J.  524. 

5.  Consolidating  city  court  of  New  York  with  supreme  court 

§  5a.  (Proposal  to  add  the  following  new  section:)  The  city 
court  of  the  city  of  New  York  is  abolished  from  and  after  the 
first  day  of  January,  nineteen  hundred  and  ten,  and  thereupon 
the  seals,  records,  papers  and  documents  of  or  belonging  to  said 
court  shall  be  deposited  in  the  office  of  the  clerk  of  the  county 
of  New  York;  and  all  actions  and  proceedings  then  pending  in 
said  court  shall  be  transferred  to  the  supreme  court  for  hearing 
and  determination.  The  judges  of  said  court  elected  thereto  or 


124  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  §  5a 

in  office  on  the  first  day  of  January,  nineteen  hundred  and  ten, 
shall,  for  the  remainder  of  the  term  for  which  they  were  elected 
or  appointed,  be  justices  of  the  supreme  court.  Their  salaries 
shall  be  paid  by  the  county  of  New  York  and  shall  be  the  same 
as  the  salaries  of  the  other  justices  of  the  supreme  court  residing 
in  the  county  of  New  York.  Their  successors  shall  be  elected  as 
justices  of  the  supreme  court  by  the  electors  of  the  judicial  district 
in  which  they  reside.  Th'e  jurisdiction  now  exercised  by  the  city 
court  of  New  York  hereby  abolished  shall  be  vested  in  the  supreme 
court. 

1907.  A.  No.  287  (Int.  286). 

A.  J.  81,  447. 

1908.  S.  No.  64  (Int.  63).     (Same  as  A.  No.  390.) 

S.  J.  27. 

A.  No.  390  (Int.  379).     (Same  as  S.  No.  64.) 
A.  J.  112. 

§  5-a.  (Proposal  to  add  the  following  new  section:)  The  city 
court  of  the  city  of  New  York  is  abolished  from  and  after  the 
first  day  of  January,  1910,  and  thereupon  the  seals,  records, 
papers  and  documents  of  or  belonging  to  said  court  shall  be  de- 
posited in  the  office  of  the  clerk  of  the  county  of  New  York; 
and  all  actions  and  proceedings  then  pending  in  said  court  shall 
be  transferred  to  the  Supreme  Court  for  hearing  and  deter- 
mination. '  The  judges  of  said  court  elected  thereto  or  in  office  on 
the  first  day  of  January,  1910,  shall,  for  the  remainder  of  the 
term  for  which  they  were  elected  or  appointed,  be  justices  of 
the  Supreme  Court.  Their  salaries  shall  be  paid  by  the  county 
of  New  York  and  shall  be  the  same  as  the  salaries  of  the  other 
justices  of  the  Supreme  Court  residing  in  the  county  of  New  York. 
Their  successors  shall  be  elected  as  justices  of  the  Supreme 
Court  by  the  electors  of  the  judicial  district  in  which  they  re- 
side. The  number  of  justices  of  the  Supreme  Court  in  the  first 
district,  as  increased  by  the  provisions  of  this  section,  shall  be 
in  addition  to,  and  not  included  in  computing  the  number  which 
the  Legislature  is  authorized  to  create,  in  such  district,  by  the  pro- 
visions of  section  1  of  this  article.  The  jurisdiction  now  exer- 
cised by  the  city  court  of  New  York  hereby  abolished  shall  be 
vested  in  the  Supreme  Court.  Section  1  of  this  article  providing 
for  the  manner  in  which  the  number  of  justices  of  the  Supreme 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895—1914      125 

Article  VI,  §  5a 

Court  may  be  increased,  shall  not  be  affected  by,  nor  shall  it  be 
deemed  to  affect  or  apply  to  the  increase  in  the  number  of  justices 
of  the  Supreme  Court  effected  by  the  consolidation  of  the  said  city 
court  of  the  city  of  New  York  with  the  Supreme  Court. 

1908.     S.  No.  654  (Int.  562). 
S.  J.  297. 

§  5-a.  (Proposal  to  add  the  following  new  section:)  The  city 
court  of  the  city  of  New  York  is  abolished  from  and  after  the  first 
day  of  January,  nineteen  hundred  and  ten,  and  thereupon  the 
seals,  records,  papers  and  documents  of  or  belonging  to  said  court 
shall  be  deposited  in  the  office  of  the  clerk  of  the  county  of  New 
York;  and  all  actions  and  proceedings  then  pending  in  said  court 
shall  be  transferred  to  the  supreme  court  for  hearing  and  deter- 
mination. The  judges  of  said  court  elected  thereto  or  in  office  on 
the  first  day  of  January,  nineteen  hundred  and  ten,  shall,  for  the 
remainder  of  the  term  for  which  they  were  elected  or  appointed, 
be  justices  of  the  supreme  court.  Their  salaries  shall  be  paid  by 
the  county  of  New  York  and  shall  be  the  same  as  the  salaries  of 
the  other  justices  of  the  supreme  court  residing  in  the  county  of 
New  York.  Their  successors  shall  be  elected  as  justices  of  the 
supreme  court  by  the  electors  of  the  judicial  district  in  which  they 
reside.  The  number  of  justices  of  the  supreme  court  in  the  first 
district,  as  increased  by  the  provisions  of  this  section,  shall  be  in 
addition  to,  and  not  included  in  computing  the  number  which 
the  legislature  is  authorized  to  create,  in  such  district,  by  the  pro- 
visions of  section  one  of  this  article.  The  jurisdiction  now  exer- 
cised by  the  city  court  of  New  York  hereby  abolished  shall  be 
vested  in  the  supreme  court. 

1908.     A.  No.  1054  (Int.  883). 
A.  J.  503. 

§  5-a.  (Proposal  to  add  the  following  new  section:)  The  city 
court  of  the  city  of  New  York  is  abolished  from  and  after  the 
first  day  of  January,  nineteen  hundred  and  twelve  and  thereupon 
the  seals,  records,  papers  and  documents  of  or  belonging  to  said 
court  shall  be  deposited  in  the  office  of  the  clerk  of  the  county  of 
New  York;  and  all  actions  and  proceedings  then  pending  in  said 
court  shall  be  transferred  to  the  supreme  court  for  hearing  and 


126  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  $  6 

determination.  The  judges  of  said  court  elected  thereto  or  in 
office  on  the  first  day  of  January,,  nineteen  hundred  and  tiuelve 
shall,  for  the  remainder  of  the  term  for  which  they  were  elected 
or  appointed,  be  justices  of  the  supreme  court.  Their  salaries 
shall  be  paid  by  the  county  of  New  York  and  shall  be  the  same 
as  the  salaries  of  the  other  justices  of  the  supreme  court  residing 
in  the  county  of  New  York.  Their  successors  shall  be  elected  as 
justices  of  the  supreme  court  by  the  electors  of  the  judicial  dis- 
trict in  which  they  reside.  The  jurisdiction  now  exercised  by 
the  city  court  of  New  York  hereby  abolished  shall  be  vested  in  the 
supreme  court. 

1910.     S.  No.  95  (Int.  95). 
S.  J.  39,  1717. 

§  6.  Circuit  Courts  and  Courts  of  Oyer  and  Terminer  are  abol- 
ished from  and  after  the  last  day  of  December,  one  thousand  eight 
hundred  and  ninety-five.  All  their  jurisdiction  shall  thereupon  be 
vested  in  the  Supreme  Court,  and  all  actions  and  proceedings  then 
pending  in  such  courts  shall  be  transferred  to  the  Supreme  Court 
for  hearing  and  determination.  Any  Justice  of  the  Supreme 
Court,  except  as  otherwise  provided  in  this  article,  may  hold 
court  in  any  county. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Trial  commissioners 

§  6.  (Proposal  to  add  the  following:)  Whenever  and  as  often 
as  the  causes  upon  the  trial  term  calendar  of  any  county  of  this 
state,  having  a  population  according  to  the  latest  state  enumera- 
tion of  over  five  hundred  thousand,  shall  have  so  accumulated  that 
an  unpreferred  cause  cannot  be  reached  for  trial  in  due  course 
within  one  year  after  it  has  been  placed  upon  the  calendar,  the 
appellate  division  of  the  department  in  which  such  county  is  em- 
braced may,  by  a  certificate  signed  by  a  majority  of  its  members, 
certify  the  fact  to  the  court  of  appeals,  whereupon  said  court  may 
by  order  authorize  the  appointment  in  said  county  of  trial  com- 
missioners, stating  in  said  order  the  number  of  commissioners  to 
be  appointed,  and  their  terms  of  office,  not  exceeding  six  years. 
Such  order  shall  be  made  in  duplicate  and  one  copy  thereof  filed 
in  the  office  of  the  secretary  of  state,  and  one  in  the  office  of  the 
clerk  of  the  county  in  which  said  appointments  are  authorized. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      127 

Article  VI,  §  7 

The  appellate  division  of  the  department  embracing  said  county 
shall  thereupon  appoint  the  number  of  trial  commissioners  autJwr- 
ized  by  said  order,  who  must  possess  the  qualifications  required  for 
a  justice  of  the  supreme  court.  They  shall  possess  and  exercise 
in  the  county  for  which  they  are  appointed  all  the  powers  of  a 
justice  of  the  supreme  court  respecting  the  trial  and  disposition  of 
causes  upon  said  trial  term  calendar  and  the  settlement  of  cases  on 
appeal,,  but  shall  possess  none  of  the  powers  of  such  a  justice  out 
of  court  or  at  special  term.  They  may  be  removed  in  the  same 
manner  as  is  provided  in  case  of  a  justice  of  said  supreme  court. 
They  shall  each  receive  an  annual  salary  of  twelve  thousand 
dollars  to  be  paid  by  the  county  for  which  they  are  appointed,  and 
may  not  practice  law. 

1904.  S.  No.  775  (Int.  574).    To  Sec.  of  State. 

S.  J.  351,  480,  637,  709,  745,  769,  1420. 
A.  J.  1458,  2109,  2183,  2279,  2375. 

1905.  A.  No.  353  (Int.  353). 

A.  J.  139,  3206,  3228. 

2.     Designation  of  supreme  court  commissioners  to  hold  trial  terms 

§  6.  (Proposal  to  add  the  following:)  In  any  department  in 
which  supreme  court  commissioners  have  been  appointed,  the 
justices  of  the  appellate  division  of  the  department,  or  a  majority 
of  them,  are  authorized  from  time  to  time  to  designate  one  or  more 
of  such  supreme  court  commissioners  to  hold  trial  terms  of  the 
supreme  court  within  such  department  and  to  revoke  such  designa- 
tion. A  supreme  court  commissioner  so  designated  shall  have 
power  to  hold  a  trial  term  of  the  supreme  court  within  said  depart- 
ment and  to  perform  the  duties  of  a  justice  of  the  supreme  court 
in  the  trial  term  to  which  he  may  be  assigned. 

1904.  S.  No.  1307  (Int.  937).  To  Sec.  of  State. 

S.  J.  1146,  1357,  1478,  1558,  1707. 
A.  J.  2710,  2728. 

1905.  A.  No.  284  (Int.  284). 

A.  J.  108,  2899. 

1906.  A.  No.  2031  (Int.  1091). 

A.  J.  893,  1833. 

§  7.  The  Court  of  Appeals  is  continued.  It  shall  consist  of  the 
Chief  Judge  and  Associate  Judges  now  in  office,  who  shall  hold 
their  offices  until  the  expiration  of  their  respective  terms,  and 
their  successors,  who  shall  be  chosen  by  the  electors  of  the  State. 
The  official  terms  of  the  Chief  Judge  and  Associate  Judges  shall 
be  fourteen  years  from  and  including  the  first  day  of  January 


128  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 


Article  VI,  $  7 


next  after  their  election.  Five  members  of  the  court  shall  form  a 
quorum  and  the  concurrence  of  four  shall  be  necessary  to  a  de- 
cision. The  court  shall  have  power  to  appoint  and  to  remove  its 
reporter,  clerk  and  attendants. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  7.  The  court  of  appeals  is  continued.  It  shall  consist  of  the 
chief  judge  and  associate  judges  now  in  office,  who  shall  hold 
their  offices  until  the  expiration  of  their  respective  terms,  and 
their  successors,  who  shall  be  chosen  by  the  electors  of  the  state. 
The  official  terms  of  the  chief  judge  and  associate  judges  shall  be 
fourteen  years  from  and  including  the  first  day  of  January  next 
after  their  election.  Five  members  of  the  court  shall  form  a 
quorum,  and  the  concurrence  of  four  shall  be  necessary  to  a 
decision.  The  court  shall  have  power  to  appoint  and  to  remove 
its  reporter,  clerk  and  attendants.  Whenever  and  as  often  as  a 
majority  of  the  judges  of  the  court  of  appeals  shall  certify  to  the 
governor  that  said  court  is  unable,  by  reason  of  the  accumulation 
of  causes  pending  therein,  to  hear  and  dispose  of  the  same  with 
reasonable  speed,  the  governor  shall  designate  not  more  than  four 
justices  of  the  supreme  court  to  serve  as  associate  judges  of  the 
court  of  appeals.  The  justices  so  designated  shall  be  relieved 
from  their  duties  as  justices  of  the  supreme  court  and  shall  serve 
as  associate  judges  of  the  court  of  appeals  until  the  causes  undis- 
posed of  in  said  court  are  reduced  to  two  hundred,  when  they 
shall  return  to  the  supreme  court.  The  governor  mav  designate 
justices  of  the  supreme  court  to  fill  vacancies.  No  justice  shall 
serve  as  associate  judge  of  the  court  of  appeals  except  while  hold- 
ing the  office  of  justice  of  the  supreme  court,  and  no  more  than 
seven  judges  shall  sit  in  any  case. 

1898.  S.  No.  1024  (Int.  555).  To  Sec.  of  State. 

S.  J.  392.  783.  1006,  1098,  1134,  1444. 
A.  J.  2537,  2590,  2604,  2654. 

1899.  S.  No.  301  (Int.  294).  To  Sec.  of  State. 

S.  J.  148,  1074.  1118,  1150,  1182,  1935. 

A.  J.  2358,  3313,  3318,  3360. 
Adopted  Nov.  7,  1899. 
.  Vote:  for,  279,469;  against,  132,064. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      129 

Article  VI,  $  7 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  BUT  REJECTED 

1.    Additional  judges  for  court  of  appeals  —  salaries 

§  7.  (Proposal  to  add  the  following:)  There  shall  be  elected 
at  the  next  general  election  to  be  held  after  the  adoption  of  this 
amendment,  and  thereafter  as  vacancies  may  occur,  two  additional 
associate  judges  of  the  court  of  appeals,  of  the  judges  of  which 
court  not  more  than  seven  shall  sit  on  the  hearing  of  any  appeal, 
except  that  the  court  may,  in  its  discretion,  direct  a  reargument 
to  be  had  before  the  entire  court.  Upon  the  entry  of  the  judges 
so  elected  upon  their  respective  offices  the  existing  provision  for 
designating  justices  of  the  supreme  court  as  associate  judges  of 
the  court  of  appeals  shall  cease  and  determine.  The  salary  of  the 
associate  judges  of  the  court  of  appeals  shall  be  the  sum  of  fifteen 
thousand  dollars  a  year,  and  that  of  the  chief  judge  the  sum  of 
fifteen  thousand  dollars  a  year,  and  that  of  the  chief  judge  the  sum 
of  fifteen  thousand  five  hundred  dollars  a  year,  which  salary  shall 
be  in  lieu  of  and  shall  exclude  all  other  compensation  and  allow- 
ances for  expenses  of  every  nature  and  kind  whatever. 

1906.  S.  No.  1368  (Int.  984).  To  A. 

S.  J.  1294,  1534,  1596,  1734,  1776,  1822. 
A.  J.  3015. 

1907.  A.  No.  2295  (Int.  1670).  To  Sec.  of  State. 

A.  J.  1981,  3268,  3273,  3305,  3327,  3332,  4055. 
S.  J.  1802,  2092,  2228. 
1909.  A.  No.  782  (Int.  751).  To  S.  Amended,  S.  No.  998.  To  Sec.  of 

State. 

A.  J.  432,  506,  546,  557,  574,  1424,  1493. 
S.  J.  355,  573,  605,  606,  732,  737,  784. 
Kejected  Nov.  8,  1910. 
Vote:     for,  332,300;  against,  332,592. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Second  division  of  court  of  appeals  to  relieve  calendar 

§  7.  (Proposal  to  add  the  following:)  Whenever,  and  as  often 
as,  there  shall  be  such  an  accumulation  of  causes  on  the  calendar  of 
the  court  of  appeals  that  the  public  interests  require  a  more  speedy 
disposition  thereof,  the  said  court  may  certify  such  fact  to  the 
governor,  who  shall  thereupon  designate  seven  persons  to  act  as 
associate  judges,  for  the  time  being,  of  the  court  of  appeals,  and 
to  form  a  second  division  of  said  court,  and  who  shall  act  as  such 
until  all  the  causes  upon  the  calendar  of  the  court  of  appeals  are 
determined,  or  the  judges  of  said  court,  elected  as  such,  shall 
certify  to  the  governor  that  said  causes  are  substantially  disposed 


130          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  $  7 

of,  and  when  said  causes  are  thus  determined.,  or  upon  receiving 
such  certificate,  the  governor  shall  declare  said  second  division* 
dissolved,  and  the  designation  of  persons  to  serve  thereon  shall 
thereupon  expire  and  cease.  The  second  division  of  said  court 
hereby  authorized  to  be  constituted  shall  have  power  and  be  com- 
petent to  determine  any  causes  in  the  court  of  appeals  which  may 
be  assigned  to  such  division  by  the  court  composed  of  persons 
elected  to  serve  in  said  court,  and  said  last  named  court  may,  at 
any  time  before  judgment,  direct  any  of  the  causes  so  assigned 
to  be  restored  to  its  own  calendar  for  hearing  and  decision.  The 
rules  of  practice  in  both  divisions  shall  be  the  same.  Five  mem- 
bers of  the  court  shall  be  sufficient  to  form  a  quorum  for  said 
second  division,  and  the  concurrence  of  four  shall  be  necessary  to 
a  decision.  The  persons  composing  said  second  division  shall 
appoint  from  their  number  a  chief  judge  of  such  division.  In 
case  any  justice  of  the  supreme  court  shall  be  appointed  to  serve 
on  such  division,  the  governor  may,  from  time  to  time,  when  in 
his  judgment  the  public  interests  may  require,  change  the  desig- 
nation of  any  such  justice  to  serve  in  such  division,  and  he  may 
fill  any  vacancy  occurring  in  such  division  by  designating  a  per- 
son to  fill  the  same.  No  justice  of  the  supreme  court  shall  exer- 
cise any  of  the  functions  of  a  justice  of  the  supreme  court,  nor 
receive  any  salary  or  compensation  as  such  justice  during  the 
time  he  shall  be  designated  to  act  in  such  division.  During  such 
term  of  service  in  said  second  division,  any  person  so  designated 
shall  receive  the  same  compensation  as  the  associate  judges  of 
the  court  of  appeals,  elected  as  such.  Said  second  division  may 
appoint  and  remove  a  crier  and  such  attendants  as  may  be  neces- 
sary, and  shall  have  power  to  appoint  the  times  and  places  of  their 
sessions.  The  clerk  and  reporter  of  the  court  of  appeals  shall  be 
the  clerk  and  reporter  of  said  second  division. 

1898.     S.  No.  635  (Int.  346). 

S.  J.  170,  373,  437,  483. 

2.     Commencement  of  term  of  court  of  appeals  judges 

§  7.  The  court  of  appeals  is  continued.  It  shall  consist  of  the 
chief  judge  and  associate  judges  now  in  office,  who  shall  hold  their 
offices  until  the  expiration  of  their  respective  terms,  and  their 
successors,  who  shall  be  chosen  by  the  electors  of  the  state.  The 
official  terms  of  the  chief  judge  and  associate  judges  shall  be  four- 
teen years  from  and  including  the  first  day  of  January  of  the  odd 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      131 

Article  VI,  $  7 

numbered  year  next  after  their  election.  Five  members  of  the 
court  shall  form  a  quorum,  and  the  concurrence  of  four  shall  be 
necessary  to  a  decision.  The  court  shall  have  power  to  appoint 
and  to  remove  its  reporter,  clerk  and  attendants. 

1898.  A.  No.  892  (Int.  776). 

A.  J.  490. 

3.  Additional  judges  for  court  of  appeals  —  number  to  sit  in  any  case 

§  7.  The  court  of  appeals  is  continued.  It  shall  consist  of  the 
chief  judge  and  associate  judges  now  in  office,  who  shall  hold  their 
offices  until  the  expiration  of  their  respective  terms,  and  their 
successors,  who  shall  be  chosen  by  the  electors  of  the  state,  and 
four  additional  associate  judges  and  their  successors,  who  shall 
likewise  be  chosen  by  the  electors  of  the  state.  The  official  terms 
of  the  chief  judge  and  the  associate  judges  shall  be  fourteen  years 
from  and  including  the  first  day  of  January  next  after  their 
election.  Five  members  of  the  court  shall  form  a  quorum  and 
the  concurrence  of  four  shall  be  necessary  to  a  decision,,  and  no 
more  than  seven  judges  shall  sit  in  any  case.  The  court  shall 
have  power  to  appoint  and  to  remove  its  reporter,  clerks  and 
attendants. 

1899.  S.  No.  497  (Int.  457). 

S.  J.  237. 

4.  Additional  judges  for  court  of  appeals  —  number  of  divisions  —  number 

necessary  to  decision  —  quorum 

§  7.  The  court  of  appeals  is  continued.  It  shall  consist  of  the 
chief  judge  and  associate  judges  now  in  office,  and  of  such  addi- 
tional judges  as  the  legislature  may  from  time  to  time  provide 
in  accordance  with  section  one  of  this  article  and  as  may  be  elected 
according  to  law,  who  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms,  and  of  their  successors,  who  shall  be 
chosen  by  the  electors  of  the  state.  The  official  terms  of  the  chief 
judge  and  associate  judges  shall  be  fourteen  years  from  and  in- 
cluding the  first  day  of  January  next  after  their  election.  The 
legislature  may  provide  by  law  for  the  manner  in  which  the  court 
shall  sit,  whether  in  two  divisions  or  one,  and  for  the  number  of 
members  of  the  court  necessary  to  form  a  quorum  in  either  in- 
stance, and  also  for  the  number  whose  concurrence  shall  be  neces- 
sary to  a  decision.  [Five  members  of  the  court  shall  form  a 
quorum,  and  the  concurrence  of  four  shall  be  necessary  to  a 
decision.]  The  court  shall  have  power  to  appoint  and  to  remove 
its  reporter,  clerk  and  attendants.  [Whenever  and  as  often  as  a 


132          NEW  YOKE:  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  $  8 

majority  of  the  judges  of  the  court  of  appeals  shall  certify  to  the 
governor  that  said  court  is  unable,  by  reason  of  the  accumulation 
of  causes  pending  therein,  to  hear  and  dispose  of  the  same  with 
reasonable  speed,  the  governor  shall  designate  not  more  than  four 
justices  of  the  supreme  court  to  serve  as  associate  judges  of  the 
court  of  appeals.  The  justices  so  designated  shall  be  relieved 
from  their  duties  as  justices  of  the  supreme  court  and  shall  serve 
as  associate  judges  of  the  court  of  appeals  until  the  caiises  undis- 
posed of  in  said  court  are  reduced  to  two  hundred,  when  they 
shall  return  to  the  supreme  court.  The  governor  may  designate 
justices  of  the  supreme  court  to  fill  vacancies.  No  justice  shall 
serve  as  associate  judge  of  the  court  of  appeals  except  while  hold- 
ing the  office  of  justice  of  the  supreme  court,  and  no  more  than 
seven  judges  shall  sit  in  any  case.] 

1904.  S.  No.  195  (Int.  189).  (Same  as  A.  No.  253.)  To  Sec.  of  State. 

S.  J.  61,  637,  1161,  1256,  1501,  1691. 
A.  J.  2575,  2656,  2685. 

A.  No.  253  (Int.  246).  (Same  as  S.  No.  195.) 
A.  J.  99. 

1905.  A.  No.  283  (Int.  283). 

A.  J.  108. 

§  8.  When  a  vacancy  shall  occur  otherwise  than  by  expiration 
of  term,  in  the  office  of  Chief  or  Associate  Judge  of  the  Court  of 
Appeals,  the  same  shall  be  filled,  for  a  full  term,  at  the  next  gen- 
eral election  happening  not  less  than  three  months  after  such 
vacancy  occurs ;  and  until  the  vacancy  shall  be  so  filled,  the  Gov- 
ernor, by  and  with  the  advice  and  consent  of  the  Senate,  if  the 
Senate  shall  be  in  session  or  if  not  in  session  the  Governor  may 
fill  such  vacancy  by  appointment.  If  any  such  appointment  of 
Chief  Judge  shall  be  made  from  among  the  Associate  Judges,  a 
temporary  appointment  of  Associate  Judge  shall  be  made  in  like 
manner;  but  in  such  case,  the  person  appointed  Chief  Judge 
shall  not  be  deemed  to  vacate  his  office  of  Associate  Judge  any 
longer  than  until  the  expiration  of  his  appointment  as  Chief 
Judge.  The  powers  and  jurisdiction  of  the  court  shall  not  be 
suspended  for  want  of  appointment  or  election,  when  the  number 
of  Judges  is  sufficient  to  constitute  a  quorum.  All  appointments 
under  this  section  shall  continue  until  and  including  the  last  day 
of  December  next  after  the  election  at  which  the  vacancy  shall  be 
filled. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      133 

Article  VI,  $  9 

AMENDMENT     PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Appointments  to  fill  vacancies  in  court  of  appeals 

§  8.  When  a  vacancy  shall  occur  otherwise  than  by  expiration 
of  term,  in  the  office  of  chief  or  associate  judge  of  the  court  of 
appeals,  the  same  shall  be  filled,  for  a  full  term,  at  the  next 
general  election  happening  not  less  than  three  months  after  such 
vacancy  occurs,  and  until  the  vacancy  shall  be  [so]  filled  the 
[Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  if 
the  Senate  shall  be  in  session,  or  if  not  in  session,  the  Governor] 
court  of  appeals  may  fill  such  vacancy  by  appointment.  //  such 
vacancy  shall  be  that  of  chief  judge  the  associate  judge  whose 
term  of  office  will  soonest  expire  shall  act  as  chief  judge  until 
the^  election  of  a  chief  judge.  In  [If  any  such  appointment  of 
chief  judge  shall  be  made  from  among  the  associate  judges,  a 
temporary  appointment  of  associate  judge  shall  be  made  in  like 
manner;  but  in  such]  case  [,]  the  person  appointed  [chief]  as 
associate  judge  shall  be  a  justice  of  the  supreme  court  the  person 
so  appointed  shall  not  be  deemed  to  vacate  his  office  of  [associate 
judge]  justice  of  the  supreme  court  any  longer  than  until  the 
expiration  of  his  appointment  as  [chief]1  associate  judge  of  the 
court  of  appeals,  and  in  the  event  of  a  supreme  court  justice  being 
so  appointed  to  fill  the  vacancy  of  an  associate  judge  of  the  court 
of  appeals,  the  appellate  division  of  the  department  from  which 
he  is  taken  shall  appoint  a  person  to  take  the  place  of  such  su- 
preme court  justice  until  the  expiration  of  his  term  as  associate 
judge  of  the  court  of  appeals.  The  powers  and  jurisdiction  of 
the  court  shall  not  be  suspended  for  want  of  appointment  or  elec- 
tion, when  the  number  of  judges  is  sufficient  to  constitute  a 
quorum.  All  appointments  under  this  section  shall  continue  until 
and  including  the  last  day  of  December  next  after  the  election 
at  which  the  vacancy  shall  be  filled. 

1902.     S.  No.  451  (Int.  388).     (Same  as  A.  No.  657.) 

S.  J.  213. 

A.  No.  657  (Int.  585).     (Same  as  S.  No.  451.) 
A.  J.  331,  1051. 

§  9.  After  the  last  day  of  December,  one  thousand  eight  hun- 
dred and  ninety-five,  the  jurisdiction  of  the  Court  of  Appeals, 
except  where  the  judgment  is  of  death,  shall  be  limited  to  the 
review  of  questions  of  law.  No  unanimous  decision  of  the  Appel- 
late Division  of  the  Supreme  Court  that  there  is  evidence  support- 


134  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  §  9 

ing  or  tending  to  sustain  a  finding  of  fact  or  a  verdict  not  directed 
by  the  court,  shall  be  reviewed  by  the  Court  of  Appeals.  Except 
where  the  judgment  is  of  death,  appeals  may  be  taken,  as  a  right, 
to  said  court  only  from  judgments  or  orders  entered  upon  de- 
cisions of  the  Appellate  Division  of  the  Supreme  Court,  finally 
determining  actions  or  special  proceedings,  and  from  orders 
granting  new  trials  on  exceptions,  where  the  appellants  stipulate 
that  upon  affirmance  judgment  absolute  shall  be  rendered  against 
them.  The  Appellate  Division  in  any  department  may  however, 
allow  an  appeal  upon  any  question  of  law  which,  in  its  opinion, 
ought  to  be  reviewed  by  the  Court  of  Appeals. 

The  Legislature  may  further  restrict  the  jurisdiction  of  the 
Court  of  Appeals  and  the  right  of  appeal  thereto,  but  the  right  to 
appeal  shall  not  depend  upon  the  amount  involved. 

The  provisions  of  this  section  shall  not  apply  to  orders  made  or 
judgments  rendered  by  any  General  Term  before  the  last  day  of 
December,  one  thousand  eight  hundred  and  ninety-five,  but  ap- 
peals therefrom  may  be  taken  under  existing  provisions  of  law. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Appeals  to  court  of  appeals  —  when  allowed 

§  9.  [After  the  last  day  of  December,  eighteen  hundred  and 
ninety-five,  the]  The  jurisdiction  of  the  court  of  appeals,  except 
where  the  judgment  is  of  death,  shall  he  limited  to  the  review  of 
questions  of  law.  [No  unanimous  decision  of  the  appellate  divi- 
sion of  the  supreme  court  that  there  is  evidence  supporting  or 
tending  to  sustain  a  finding  of  fact  or  a  verdict  not  directed  by 
the  court,  shall  be  reviewed  by  the  court  of  appeals.]  Except 
where  the  judgment  is  of  death,  appeals  may  he  taken,  as  of  right, 
to  said  court  only  from  judgments  or  orders  entered  upon  decisions 
of  the  appellate  division  of  the  supreme  court,  finally  determining 
actions  or  special  proceedings,  and  from  orders  granting  new 
trials  on  exceptions,  where  the  appellants  stipulate  that  upon  affirm- 
ance judgment  absolute  shall  he  rendered  against  them,  unless 
the  appellate  division  shall  allow  an  appeal  upon  a  question  of 
law  which,,  in  its  opinion,  ought  to  be  reviewed  by  the  court  of 
appeals.  [The  appellate  division  in  any  department  may,  how- 
ever, allow  an  appeal  upon  any  question  of  law  which,  in  its 
opinion,  ought  to  he  reviewed  hy  the  court  of  appeals.]  No  ap- 
peal shall  be  taken  to  the  court  of  appeals  from  a  judgment  or 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      135 

Article  VI,  §  9 

order  of  affirmance  in  any  action  or  special  proceeding  when  the 
decision  of  the  appellate  division  of  the  supreme  court  is  unanim- 
ous, unless  such  appellate  division  shall  certify  that,  in  its  opinion, 
a  question  of  law  is  involved,,  which  ought  to  be  reviewed  by  the 
court  of  appeals,  or  unless,  in  case  of  its  refusal  to  so  certify, 
an  appeal  is  allowed  by  a  judge  of  the  court  of  appeals.  The 
legislature  may  further  restrict  the  jurisdiction  of  the  court  of 
appeals  and  the  right  of  appeal  thereto,  but  the  right  to  appeal 
shall  not  depend  upon  the  amount  involved.  The  provisions  of 
this  section  shall  not  apply  to  orders  made  or  judgments  rendered 
by  any  general  term  before  the  last  day  of  December,  eighteen 
hundred  and  ninety-five;  but  appeals  therefrom  [may  be  taken 
under  existing  provisions  of  law]  shall  be  governed  by  the  pro- 
visions of  law  existing  at  the  time  such  orders  were  made  or 
judgments  rendered.  The  provisions  of  this  section,  as  amended, 
shall  not  apply  to  orders  made  or  judgments  rendered  by  any 
appellate  division  before  the  date  when  this  amendment  shall  take 
effect,  but  appeals  therefrom  may  be  taken  under  provisions  of 
law  existing  at  the  time  such  orders  were  made  or  judgments 
rendered. 

1902.     A.  No.  1727  (Int.  1261). 

A.  J.  1726. 
1904.     S.  No.  252  (Int.  238). 

S.  J.  84,  1357. 

§  9.  [After  the  last  day  of  December,  eighteen  hundred  and 
ninety-five,  the]  The  jurisdiction  of  the  court  of  appeals,  except 
where  the  judgment  is  of  death,  shall  be  limited  to  the  review  of 
questions  of  law.  [No  unanimous  decision  of  the  appellate  di- 
vision of  the  supreme)  court  that  there  is  evidence  supporting  or 
tending  to  sustain  a  finding  of  fact  or  a  verdict  not  directed  by 
the  court,  shall  be  reviewed  by  the  court  of  appeals.]  Except 
where  the  judgment  is  of  death,  appeals  may  be  taken,  as  of 
right,  to  said  court  only  from  judgments  or  orders  entered  upon 
decisions  of  the  appellate  division  of  the  supreme  court,  finally 
determining  actions  or  special  proceedings  and  from  orders  grant- 
ing new  trials  on  exceptions,  where  the  appellants  stipulate  that 
upon  affirmance  judgment  absolute  shall  be  rendered  against  them, 
unless  the  appellate  division  shall  allow  an  appeal  upon  a  question 
of  law  which,  in  its  opinion,  ought  to  be  reviewed  by  the  court 
of  appeals.  [The  appellate  division  in  any  department  may, 


136  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  §  9 

however,  allow  an  appeal  upon  any  question  of  law  which,  in  its 
opinion,  ought  to  he  reviewed  by  the  court  of  appeals.]  No  ap- 
peal shall  be  taken  to  the  court  of  appeals  from  a  judgment  or 
order  of  affirmance  in  any  action  or  special  proceeding  when  the 
decision  of  the  appellate  division  of  the  supreme  court  is  unani- 
mous, unless  such  appellate  division  shall  certify  that,  in  its 
opinion,  a  question  of  law  is  involved,  which  ought  to  be  reviewed 
by  the  court  of  appeals,  or  unless,  in  case  of  its  refusal  to  so 
certify,  an  appeal  is  allowed  by  a  judge  of  the  court  of  appeals. 
The  legislature  may  further  restrict  the  jurisdiction  of  the  court 
of  appeals  and  the  right  of  appeal  thereto,  but  the  right  to  appeal 
shall  not  depend  upon  the  amount  involved.  The  provisions  of 
this  section  shall  not  apply  to  orders  made  or  judgments  rendered 
by  any  [general  term]  appellate  division  before  the  last  day  of 
December,  [one  thousand  eight  hundred  and  ninety-five]  nine- 
teen hundred  and  six ;  but  appeals  therefrom  [may  be  taken  under 
existing  provisions  of  law]  shall  be  governed  by  the  provisions 
of  law  existing  at  the  time  such  orders  were  made  or  judgments 
rendered. 

1904.     A.  No.  275    (Int.  268). 
A.  J.  107. 

2.    Appeal  directly  to  court  of  appeals  from  final  judgments  or  orders  in 
certain  cases 

§  9.  After  the  last  day  of  December,  one  thousand  eight  hun- 
dred and  ninety-five  the  jurisdiction  of  the  court  of  appeals,  ex- 
cept where  the  judgment  is  of  death,  shall  be  limited  to  the  review 
of  questions  of  law.  No  unanimous  decision  of  the  appellate 
division  of  the  supreme  court  that  there  is  evidence  supporting 
or  tending  to  sustain  a  finding  of  fact  or  a  verdict  not  directed 
by  the  court,  shall  be  reviewed  by  the  court  of  appeals.  Except 
where  the  judgment  is  of  death,  appeals  may  be  taken,  as  of 
right,  to  said  court  only  from  judgments  or  orders  entered  upon 
decisions  of  the  appellate  division  of  the  supreme  court,  finally 
determining  actions  or  special  proceedings,  and  from  orders  grant- 
ing new  trials  on  exceptions,  where  the  appellants  stipulate  that 
upon  affirmance  judgment  absolute  shall  be  rendered  against 
them[.];  and  except  that  after  the  last  day  of  December,  one 
thousand  nine  hundred  and  six,  in  all  cases  where  an  appeal  from 
a  -final  judgment  or  -final  order  of  the  supreme  court  at  trial  or 
special  term  will  bring  up  for  review  only  questions  of  law, 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      137 

Article  VI,  §  9 

the  appellant  may  elect  to  appeal  directly  to  the  court  of  appeals, 
and  upon  such  appeal  the  court  of  appeals  shall  review  all  ques- 
tions of  law  presented  ~by  such  appeal,  including  the  question  as 
to  whether  there  is  any  evidence  to  sustain  a  finding  of  fact  or 
a  verdict  made  or  rendered  in  the  action.  (But  if  a  party  shall 
elect  to  appeal  to  the  appellate  division  in  a  case  in  which  he 
might  have  appealed  directly  to  the  court  of  appeals  under  this 
section  the  decision  of  the  appellate  division  on  the  questions  of 
law  so  reviewed  shall  be  final.)  The  appellate  division  in  any 
department  may,  however,  allow  an  appeal  upon  any  question  of 
law  which,  in  its  opinion,  ought  to  be  reviewed  by  the  court  of 
appeals.  The  legislature  may  further  restrict  the  jurisdiction 
of  the  court  of  appeals  and  the  right  of  appeal  thereto,  but  the 
right  to  appeal  shall  not  depend  upon  the  amount  involved.  The 
provisions  of  this  section  shall  not  apply  to  orders  made  or  judg- 
ments rendered  by  any  general  term  before  the  last  day  of  De- 
cember, one  thousand  eight  hundred  and  ninety-five,  but  appeals 
therefrom  may  be  taken  under  existing  provisions  of  law. 

1904.  S.  No.  193  (Int.  187).  (Same  as  A.  No.  252.) 

S.  J.  59. 

A.  No.  252  (Int.  245).  ('Same  as  S.  No.  193.) 
A.  J.  99. 

3.  Governor  or  legislature  may  require  opinion  of  court  of  appeals  on  ques- 

tions of  law 

§  9.  (Proposal  to  add  the  following:)  Each  branch  of  the 
legislature  and  the  governor  shall  have  authority  to  require  the 
opinion  of  the  court  of  appeals  upon  important  questions  of  law. 

1907.  A.  No.  2239  (Int.  1648). 

A.  J.  1896. 

1908.  A.  No.  773  (Int.  675). 

A.  J.  293. 

4.  Final  judgments  in  court  of  appeals 

§  9.  [After  the  last  day  of  December,  eighteen  hundred  and 
ninety-five,  tj  The  jurisdiction  of  the  court  of  appeals,  except 
where  the  judgment  is  of  death,  shall  be  limited  to  the  review  of 
questions  of  law.  No  unanimous  decision  of  the  appellate  division 
of  the  supreme  court  that  there  is  evidence  supporting  or  tending 
to  sustain  a  finding  of  fact  or  a  verdict  not  directed  by  the  court, 
shall  be  [reviewed]  revised  by  the  court  of  appeals.  The  court 
of  appeals  may  award  -final  judgment  upon  the  record  upon  the 
right  of  any  or  all  of  the  parties  or  judgment  of  modification,  ac- 


138          NEW  YOKK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  §  9a 

cording  to  justice;  or  may  grant  a  new  trial  or  further  hearing, 
either  of  the  whole  case  or  of  any  particular  issue  therein  as  to  any 
or  all  of  the  parties,  as  justice  may  require. 

Except  where  the  judgment  is  of  death,  appeals  may  be  taken 
as  of  right  to  said  court  only  from  judgments  or  orders  entered 
upon  decisions  of  the  appellate  division  of  the  supreme  court 
finally  determining  actions  or  special  proceedings,  and  from  orders 
granting  new  trials  on  exceptions,  where  the  appellants  stipulate 
that  upon  affirmance  judgment  absolute  shall  be  rendered  against 
them.  The  appellate  division  in  any  department  may,  however, 
allow  an  appeal  upon  any  question  of  law,  which  in  its  opinion 
ought  to  be  reviewed  by  the  court  of  appeals.  The  legislature 
may  further  restrict  the  jurisdiction  of  the  court  of  appeals  and  the 
right  to  appeal  thereto,  but  the  right  to  appeal  shall  not  depend 
upon  the  amount  involved. 

[The  provisions  of  this  section  shall  not  apply  to  orders  made 
or  judgments  rendered  by  any  general  term  before  the  last  day 
of  December,  eighteen  hundred  and  ninety-five,  but  appeals  there- 
from may  be  taken  under  existing  provisions  of  law.] 

1913.     A.  No.  8'23  (Int.  790). 
A.  J.  300. 

5.  Opinion  of  court  of  appeals  on  request  of  governor  or  either  branch  of 

legislature 

§  9-a.  (Proposal  to  add  the  following  new  section:)  Either 
branch  of  the  legislature  or  the  governor  shall  have  authority  to 
require  the  opinion  of  the  court  of  appeals  upon  important  ques- 
tions of  law  and  upon  solemn  occasions. 

1912.  A.  No.  1051   (Int.  956). 

A.  J.  459,  940,  1045,  1148. 

1913.  A.  No.  682  (Int.  656). 

A.  J.  224,  1055,  1119,  1158,  1271,  1663. 

6.  Report  of  defects  in  constitution  or  statute  law  to  legislature 

§  9-a.  (Proposal  to  add  the  following  new  section:)  Any  jus- 
tice of  the  supreme  court  may  at  any  time  report  to  the  chief  or 
presiding  judge  of  the  court  of  appeals  defects,  omissions,  inaccu- 
racies or  ambiguities  in  the  constitution  or  statute  law  with  his 
suggestions  and  recommendations  thereon,  and  the  same  shall  be 
considered  by  the  court  of  appeals;  and  on  or  before  the  fifteenth 
day  of  January  of  each  year  the  chief  or  presiding  judge  of  the 
court  of  appeals  shall  report  to  the  presiding  officers  of  the  senate 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895— 1914      139 

Article  VI,  $  11 

and  assembly  in  writing  any  defect,  omission,  inaccuracy,  or  am- 
biguity in  the  constitution  or  statute  law  which  in -the  opinion  of 
the  court  of  appeals,  or  any  judge  thereof,  shall  seem  to  exist,  to- 
gether with  such  remedial  suggestions  and  recommendations  with 
respect  to  the  same  as  may  appear  proper;  and  such  presiding  offi- 
cers shall  thereupon  report  the  same  to  the  senate  and  assembly 
respectively. 

1914.     S.  No.  1392  (Int.  1172). 
S.  J.  541. 

§  11.  Judges  of  the  Court  of  Appeals  and  Justices  of  the  Su- 
preme Court,  may  be  removed  by  concurrent  resolution  of  both 
houses  of  the  Legislature,  if  two-thirds  of  all  the  members  elected 
to  each  house  concur  therein.  All  other  judicial  officers,  except 
Justices  of  the  Peace  and  judges  or  justices  of  inferior  courts  not 
of  record,  may  be  removed  by  the  Senate,  on  the  recommendation 
of  the  Governor,  if  two-thirds  of  all  the  members  elected  to  the 
Senate  concur  therein.  But  no  officer  shall  be  removed  by  virtue 
of  this  section  except  for  cause,  which  shall  be  entered  on  the 
journals,  nor  unless  he  shall  have  been  served  with  a  statement 
of  the  cause  alleged,  and  shall  have  had  an  opportunity  to  be 
heard.  On  the  question  of  removal,  the  yeas  and  nays  shall  be 
entered  on  the  journal. 

AMENDMENT    PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Removal  and  suspension  of  judicial  officers 

§  11.  Judges  of  the  court  of  appeals  and  justices  of  the  su- 
preme court  may  be  removed  by  [concurrent]  resolution  of  both 
[houses  of  the  legislature,  if  two-thirds  of  all  the  members  elected 
to  each  house]  the  judges  of  the  court  of  appeals  and  justices  of 
the  appellate  division  of  the  supreme  court,  in  convention  duly  as- 
sembled by  order  of  the  court  of  appeals,  if  two-thirds  of  said 
judges  and  justices  concur  therein.  All  other  judicial  officers, 
except  justices  of  the  peace  and  judges  or  justices  of  inferior  courts 
not  of  record  may  likewise  be  removed  by  the  [senate]  court  of 
appeals,  on  [the]  recommendation  of  the  governor,  if  two-third* 
of  all  the  [members  elected  to  the  senate]  judges  of  the  court  of 
appeals  concur  therein.  But  no  officer  shall  be  removed  by  virtue 
of  this  section  except  for  cause,  which  shall  be  entered  on  the 
[journals]  minutes  of  the  court  of  appeals,  nor  unless  he  shall 
PART  II  — 6 


140          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  §  12 

have  been  served  with  a  statement  of  the  cause  alleged,  and  shall 
have  [received]  had  an  opportunity  to  be  heard.  On  the  ques- 
tion of  removal  the  yeas  and  nays  shall  be  entered  on  the  [jour- 
nals] record  of  the  hearing  and  transcribed  on  the  minutes  of  the 
court  of  ap-peals.  Where  it  appears  presumptively,,  to  the  satis- 
faction of  the  governor,  that  a  judicial  officer,  except  justices  of 
the  peace  and  judges  or  justices  of  inferior  courts  not  of  record, 
has  been  guilty  of  corruption,  or  other  gross  misconduct  in  office; 
or  habitually  neglects  to  perform  his  share  of  the  labors  and  duties 
appertaining  to  the  office;  or  is  incapable  of  properly  discharging 
the  same;  the  governor  may,  in  his  discretion,  make  an  order  sus- 
pending that  justice  from  the  exercise  of  the  duties  of  his  office, 
and  directing  that  his  compensation  cease.  Such  an  order  must 
recite  the  grounds  upon  which  it  is  made;  and  it  shall  remain  in 
force,  unless  it  is  sooner  revoked  by  the  governor,  until  the  final 
determination  of  the  convention  of  the  judges  of  the  court  of  ap- 
peals and  the  justices  of  the  appellate  division  of  the  supreme 
court,  or  the  court  of  appeals,  as  herein  provided. 

1906.     S.  No.  12  (Int.  12). 
S.  J.  12. 

§  12.  The  Judges  and  Justices  hereinbefore  mentioned  shall 
receive  for  their  services  a  compensation  established  by  law, 
which  shall  not  be  increased  or  diminished  during  their  official 
terms,  except  as  provided  in  section  five  of  this  article. 

No  person  shall  hold  the  office  of  Judge  or  Justice  of  any  court 
longer  than  until  and  including  the  last  day  of  December  next 
after  he  shall  be  seventy  years  of  age. 

No  Judge  or  Justice  elected  after  the  first  day  of  January,  one 
thousand  eight  hundred  and  ninety-four,  shall  be  entitled  to 
receive  any  compensation  after  the  last  day  of  December  next 
after  he  shall  be  seventy  years  of  age ;  but  the  compensation  of 
every  Judge  of  the  Court  of  Appeals  or  Justice  of  the  Supreme 
Court  elected  prior  to  the  first  day  of  January,  one  thousand 
eight  hundred  and  ninety-four,  whose  term  of  office  has  been,  or 
whose  present  term  of  office  shall  be,  so  abridged,  and  who  shall 
have  served  as  such  Judge  or  Justice  ten  years  or  more,  shall  be 
continued  during  the  remainder  of  the  term  for  which  he  was 
elected;  but  any  such  Judge  or  Justice  may,  with  his  consent,  be 
assigned  by  the  Governor,  from  time  to  time,  to  any  duty  in  the 
Supreme  Court  while  his  compensation  is  so  continued. 


II]       AMENDMENTS  ADOPTED  AND  PKOPOSED,  1895-1914      141 

Article  VI,  §  12 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  12.  [The  judges  and  justices  hereinbefore  mentioned  shall 
receive  for  their  services  a  compensation  established  by  law, 
which  shall  not  be  increased  or  diminished  during  their  official 
terms,  except  as  provided  in  section  five  of  this  article.]    No  per- 
son shall  hold  the  office  of  judge  or  justice  of  any  court  longer 
than  and  including  the  last  day  of  December  next  after  he  shall 
be  seventy  years  of  age.    [No  judge  or  justice  elected  after  the 
first  day  of  January,  one  thousand  eight  hundred  and  ninety- 
four,  shall  be  entitled  to  receive  any  compensation  after  the  last 
day  of  December  next  after  he  shall  be  seventy  years  of  age; 
but  the  compensation  of  every  judge  of  the  court  of  appeals  or 
justice  of  the  supreme  court  elected  prior  to  the  first  day  of 
January,  one  thousand  eight  hundred  and  ninety-four,  whose 
term  of  office  has  been,  or  whose  present  term  of  office  shall  be, 
so  abridged,  and  who  shall  have  served  as  such  judge  or  justice 
ten  years  or  more,  shall  be  continued  during  the  remainder  of 
the  term  for  which  he  was  elected;  but  any  such  judge  or  justice 
may,  with  his  consent,  be  assigned  by  the  governor,  from  time; 
to  time,  to  any  duty  in  the  supreme  court  while  his  compensation 
is  so  continued.]    Each  justice  of  the  supreme  court  shall  receive 
from  the  state  the  sum  of  ten  thousand  dollars  per  year.    Those 
assigned  to  the  appellate  divisions  in  the  third  and  fourth  depart- 
ments shall  each  receive  in  addition  the  sum  of  two  thousand 
dollars,  and  the  presiding  justices  thereof  the  sum  of  two  thou- 
sand five  hundred  dollars  per  year.    Those  justices  elected  in  the 
first  and  second  judicial  departments  shall  continue  to  receive 
from  their  respective  cities,  counties  or  districts,  as  now  provided 
by  law,  such  additional  compensation  as  will  make  their  aggre- 
gate compensation  what  they  are  now  receiving.    Those  justices 
elected  in  any  judicial  department  other  than  the  first  or  second, 
and  assigned  to  the  appellate  divisions  of  the  first  or  second 
departments  shall,  while  so  assigned,  receive  from  those  depart- 
ments respectively,  as  now  provided  by  law,  such  additional  sum 
as  is  paid  to  the  justices  of  those  departments.    A  justice  elected 
in  the  third  or  fourth  department  assigned  by  the  appellate  di- 
vision or  designated  by  the  Governor  to  hold  a  trial  or  special 
term  in  a  judicial  district  other  than  that  in  which  he  is  elected 
shall  receive  in  addition  ten  dollars  per  day  for  expenses  while 


142  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  §  12 

actually  so  engaged  in  holding  such  term,  which  shall  be  paid 
by  the  state  and  charged  upon  the  judicial  district  where  the 
service  is  rendered.  The  compensation  herein  provided  shall  be 
in  lieu  of  and  shall  exclude  all  other  compensation  and  allowance 
to  said  justices  for  expenses  of  every  kind  and  nature  whatsoever. 
The  provisions  of  this  section  shall  apply  to  the  judges  and  jus- 
tices now  in  office  and  to  those  hereafter  elected. 

1908.  A.  No.  1645  (Int.  1290).   (Substituted  for  S.  No.  917.)   To  Sec. 

of  State. 

A.  J.  1024,  1269,  1374,  1454,  1481,  2107. 
S.  No.  917  (Int.  723).  (A.  No.  1645  substituted.) 
S.  J.  507,  605,  645,  688. 

1909.  S.  No.  64  (Int.  64).  (Same  as  A.  No.  540.)   To  See.  of  State. 

S.  J.  21,  225,  232,  235,  259. 

A.  J.  356,  367. 
A.  No.  540  (Int.  389).  (Same  as  S.  No.  64.) 

A.  J.  207,  307,  368. 
Adopted  Nov.  2,  1909. 

Vote:     for,  278,415;  against,  249,576. 

AMENDMENT  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Compensation  of  judges  of  supreme  court  and  court  of  appeals 

§  12.  [The  judges  and  justices  hereinbefore  mentioned  shall 
receive  for  their  services  a  compensation  established  by  law,  which 
shall  not  be  increased  or  diminished  during  their  official  terms, 
except  as  provided  in  section  five  of  this  article.]!  Each  justice 
of  the  supreme  court  shall  be  paid  as  compensation  for  his  serv- 
ices, ten  thousand  dollars  a  year;  each  justice  designated  to  serve 
in  an  appellate  division  of  the  supreme  court,  twelve  thousand  five 
hundred  dollars  a  year;  each  judge  and  associate  judge  of  the  court 
of  appeals,  fifteen  thousand  dollars  a  year.  The  presiding  judge 
of  the  court  of  appeals  and  the  presiding  justices  of  the  several 
appellate  divisions  shall  each  be  paid  an  additional  compensation 
of  five  hundred  dollars  a  year.  No  judge  or  justice  hereinbefore 
mentioned  shall  be  paid  directly  or  indirectly  any  sum  of  money, 
as  an  allowance  or  payment  in  lieu  of  any  item  of  personal  ex- 
pense or  of  his  expenses  generally.  ~No  person  shall  bold  tbe 
office  of  judge  or  justice  of  any  court  longer  than  until  and  includ- 
ing the  last  day  of  December  next  after  he  shall  be  seventy  years 
of  age.  [ISTo  judge  or  justice  elected  after  the  first  day  of  January, 
eighteen  hundred  and  ninety-four,  shall  be  entitled  to  receive  any 
compensation  after  the  last  day  of  December  next  after  he  shall 
be  seventy  years  of  age;  but  the  compensation  of  every  judge  of 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895—1914      143 

Article  VI,  §  14 

the  court  of  appeals  or  justice  of  the  supreme  court  elected  prior 
to  the  first  day  of  January,  eighteen  hundred  and  ninety-four, 
whose  term  of  office  has  been,  or  whose  present  term  of  office  shall 
be,  so  abridged,  and  who  shall  have  served  as  such  judge  or  justice 
ten  years  or  more,  shall  be  continued  during  the  remainder  of  the 
term  for  which  he  was  elected ;  but  any  such  judge  or  justice  may, 
with  his  consent,  be  assigned  by  the  governor,  from  time  to  time, 
to  any  duty  in  the  supreme  court  while  his  compensation  is  so 
continued.] 

1906.     A.  No.  1916  (Int.  1418). 
A.  J.  1676. 

§  14.  The  existing  County  Courts  are  continued,  and  the  Judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms.  In  the  county  of  Kings  there  shall  be 
two  County  Judges  and  the  additional  County  Judge  shall  be 
chosen  at  the  next  general  election  held  after  the  adoption  of  this 
article.  The  successors  of  the  several  County  Judges  shall  be 
chosen  by  the  electors  of  the  counties  for  the  term  of  six  years. 
County  Courts  shall  have  the  powers  and  jurisdiction  they  now 
possess,  and  also  original  jurisdiction  in  actions  for  the  recovery 
of  money  only,  where  the  defendants  reside  in  the  county,  and  in 
which  the  complaint  demands  judgment  for  a  sum  not  exceeding 
two  thousand  dollars.  The  Legislature  may  hereafter  enlarge  or 
restrict  the  jurisdiction  of  the  County  Courts,  provided  however 
that  their  jurisdiction  shall  not  be  so  extended  as  to  authorize 
an  action  therein  for  the  recovery  of  money  only,  in  which  the 
sum  demanded  exceeds  two  thousand  dollars,  or  in  which  any 
person  not  a  resident  of  the  county  is  a  defendant. 

Courts  of  Sessions,  except  in  the  county  of  New  York,  are 
abolished  from  and  after  the  last  day  of  December,  one  thousand 
eight  hundred  and  ninety-five.  All  the  jurisdiction  of  the  Court 
of  Sessions  in  each  county,  except  the  county  of  New  York,  shall 
thereupon  be  vested  in  the  County  Court  thereof,  and  all  actions 
and  proceedings  then  pending  in  such  Courts  of  Sessions  shall  be 
transferred  to  said  County  Courts  for  hearing  and  determination. 
Every  County  Judge  shall  perform  such  duties  as  may  be  required 
by  law.  His  salary  shall  be  established  by  law,  payable  out  of 
the  county  treasury.  A  County  Judge. of  any  county  may  hold 
County  Courts  in  any  other  county  when  requested  by  the  Judge 
of  such  other  county. 


144  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 


Article  VI,  §  14 


AMENDMENT  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms.  In  the  county  of  Kings  there  shall  be 
[two]  four  county  judges,  [and  t]  The  number  of  county  judges 
in  any  county  may  also  be  increased,  from  time  to  time,  by  the 
legislature,  to  such  number  that  the  total  number  of  county 
judges  in  any  one  county  shall  not  exceed  one  for  every  two 
hundred  thousand,  or  major  fraction  thereof,  of  the  population 
of  such  county.  The  additional  county  judges  in  the  county  of 
Kings  shall  be  chosen  at  the  [next]  general  election  held  in  the 
first  odd-numbered  year  after  the  adoption  of  this  [article.  The 
successors  of  the  several  county  judges]  amendment.  The  ad- 
ditional county  judges  whose  offices  may  be  created  by  the  legis- 
lature shall  be  chosen  at  the  general  election  held  in  the  first  odd- 
numbered  year  after  the  creation  of  such  ^ffice^  All  county 
judges,  including  successors  to  existing  judges,  shall  be  chosen 
by  the  electors  of  the  counties  for  the  term  of  six  years  from  and 
including  the  first  day  of  January  following  their  election. 
County  courts  shall  have  the  powers  and  jurisdiction  they  now 
possess,  and  also  original  jurisdiction  in  actions  for  the  recovery 
of  money  only,  where  the  defendants  reside  in  the  county,  and  in 
which  the  complaint  demands  judgment  for  a  sum  not  exceeding 
two  thousand  dollars.  The  legislature  may  hereafter  enlarge  or 
restrict  the  jurisdiction  of  the  county  courts,  provided,  however, 
that  their  jurisdiction  shall  not  be  so  extended  as  to  authorize  an 
action  therein  for  the  recovery  of  money  only,  in  which  the  sum 
demanded  exceeds  two  thousand  dollars,  or  in  which  any  person 
not  a  resident  of  the  county  is  a  defendant.  Courts  of  sessions, 
except  in  the  county  of  New  York,  are  abolished  from  and  after 
the  last  day  of  December,  eighteen  hundred  and  ninety-five.  All 
the  jurisdiction  of  the  court  of  sessions  in  each  county,  except 
the  county  of  New  York,  shall  thereupon  be  vested  in  the  county 
court  thereof,  and  all  actions  and  proceedings  then  pending  in 
such  courts  of  sessions  shall  be  transferred  to  said  county  courts 
for  hearing  and  determination.  Every  county  judge  shall  per- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      145 


Article  VI,  §  14 


form  such  duties  as  they  may  be  required  by  law.  His  salary 
shall  be  established  by  law,  payable  out  of  the  county  treasury. 
A  county  judge  of  any  county  may  hold  county  courts  in  any 
other  county  when  requested  by  the  judge  of  such  other  county. 

1912.  A.  No.  379  (Int.  369).  (Same  as  S.  No.  243.)  To  Sec.  of  State. 

A.  J.  110,  1159,  1261,  2119,  2138,  2148,  2322. 
S.  J.  1267,  1274. 

S.  No.  243  (Int.  234).  (Same  as  A.  No.  379.) 
S.  J.  60. 

1913.  A.  No.  121  (Int.  121).    To  Sec.  of  State. 

A.  J.  52,  301,  327,  328,  358,  381,  1300. 
S.  J.  259,  561,  626,  652. 
Adopted  Nov.  4,  1913. 
Vote:     for,  389,971;  against,  255,539. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  BUT  EEJECTED 
1.    Additional  county  judges  in  Kings  county 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms.  In  the  county  of  Kings  there  shall  be 
£twoj  four  county  judges  and  the  additional  county  judges  shall 
be  chosen  at  the  [next]  general  election  held  in  an  odd-numbered 
year  after  the  adoption  of  the  amendment  to  this  [article]  sec- 
tion for  the  term  of  six  years  from  and  including  the  first  day  of 
January  next  after  their  election.  The  successors  of  the  several 
county  judges  shall  be  chosen  by  the  electors  of  the  counties  for 
the  term  of  six  years.  County  courts  shall  have  the  powers  and 
jurisdiction  they  now  possess,  and  also  original  jurisdiction  in 
actions  for  the  recovery  of  money  only,  where  the  defendants  reside 
in  the  county,  and  in  which  the  complaint  demands  judgment  for 
a  sum  not  exceeding  two  thousand  dollars.  The  legislature  may 
hereafter  enlarge  or  restrict  the  jurisdiction  of  the  county  courts, 
provided,  however,  that  their  jurisdiction  shall  not  be  so  extended 
as  to  authorize  an  action  therein  for  the  recovery  of  money  only, 
in  which  the  sum  demanded  exceeds  two  thousand  dollars,  or  in 
which  any  person  not  a  resident  of  the  county  is  a  defendant. 
Courts  of  sessions,  except  in  the  county  of  New  York,  are  abolished 
from  and  after  the  last  day  of  December,  one  thousand  eight 
hundred  and  ninety-five.  All  the  jurisdiction  of  the  court  of 
sessions  in  each  county,  except  the  county  of  New  York,  shall 
thereupon  be  vested  in  the  county  court  thereof,  and  all  actions 
and  proceedings  then  pending  in  such  courts  of  sessions  shall 
be  transferred  to  said  county  courts  for  hearing  and  determina- 


146  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  $  14 

tion.  Every  county  judge  shall  perform  such  duties  as  may  be 
required  by  law.  His  salary  shall  be  established  by  law,  payable 
out  of  the  county  treasury.  A  county  judge  of  any  county  may 
hold  county  courts  in  any  other  county  when  requested  by  the 

judge  of  such  other  county. 

1910.  A.  No.  1050  (Int.  344).    To  S.    Amended,  S.  No.  1503.     To  Sec.  of 

State. 

A.  J.  123,  301,  376,  501,  566,  584,  597,  697,  727,  765,  3133,  3180. 
S.  J.  366,  1227,  1458,  1480,  1637,  1638. 

1911.  S.  No.  331  (Int.  321).  (Same  as  A.  No.  817.)  To  Sec.  of  State. 

S.  J.  134,  288,  334,  365,  366,  1495. 

A.  J.  710,  2848,  2872. 
A.  No.  817  (Int.  745).     (Same  as  S.  No.  331.)     To  S. 

A.  J.  502,  989,  1049,  1101,  1103,  1192. 

S.  J.  589. 
Bejected  Nov.  7,  1911. 

Vote:     for,  247,764;  against,  360,859. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Additional  county  judges  in  Kings  county 

§  14.  The  existing  county  courts  are  contained,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration  of 
their  respective  terms.  In  the  county  of  Kings  there  shall  be 
[two];  five  county  judges  and  the  additional  county  judges  shall 
be  chosen  at  the  [next]  general  election  held  in  an  odd-numbered 
year  after  the  adoption  of  [this  article])  the  amendment  to  this 
section  for  the  term  of  fourteen  years,  and  the  governor  shall 
appoint  such  additional  county  judges  to  hold  office  until  the  first 
day  of  January  succeeding  the  election  of  additional  judges  as 
provided  hereby.  The  county  judges  of  the  county  of  Kings  now 
in  office  shall  continue  in  office  until  the  expiration  of  fourteen 
years  from  the  commencement  of  their  terms.  The  successors  of 
the  several  county  judges  in  the  county  of  Kings  shall  be  chosen  by 
the  electors  of  the  county  for  the  term  of  fourteen  years.  The 
successors  of  the  several  county  judges  in  other  counties  shall  be 
chosen  by  the  electors  of  the  counties  for  the  term  of  six  years. 
The  chief  cleric  of  the  county  court  of  Kings  county  now  in  office 
shall  be  the  clerk  of  such  court.  County  courts  shall  have  the 
powers  and  jurisdiction  they  now  possess,  and  also  original  juris- 
diction in  actions  for  the  recovery  of  money  only,  where  the  de- 
fendants reside  in  the  county,  and  in  which  the  complaint  de- 
mands judgment  for  a  sum  not  exceeding  two  thousand  dollars. 
The  legislature  may  hereafter  enlarge  or  restrict  the  jurisdiction 
of  the  county  courts,  provided,  however,  that  their  jurisdiction 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      147 

Article  VI,  §  14 

shall  not  be  so  extended  as  to  authorize  an  action  therein  for  the 
recovery  of  money  only,  in  which  the  sum  demanded  exceeds  two 
thousand  dollars,  or  in  which  any  person  not  a  resident  of  the 
county  is  [a]  defendant.  Courts  of  sessions,  except  in  the 
county  of  New  York,  are  abolished  from  and  after  the  last  day  of. 
December,  one  thousand  eight  hundred  and  ninety-five.  All  the 
jurisdiction  of  the  court  of  sessions  in  each  county,  except  the 
county  of  New  York,  shall  thereupon  be  vested  in  the  county  court 
thereof,  and  all  actions  and  proceedings  then  pending  in  such 
courts  of  sessions  shall  be  transferred  to  said  county  courts  for 
hearing  and  determination.  Every  county  judge  shall  perform 
such  duties  as  may  be  required  by  law.  His  salary  shall  be  estab- 
lished by  law,  payable  out  of  the  county  treasury.  A  county 
judge  of  any  county  may  hold  county  courts  in  any  other  county 
when  requested  by  the  judge  of  such  other  county. 

1908.     S.  No.  173  (Int.  168).     (A.  No.  343*  substituted.) 
S.  J.  53,  338,  503,  572,  859,  868. 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms.  In  the  county  of  Kings  there  shall  be 
[two]  four  county  judges  and  the  additional  county  judges  shall 
be  chosen  at  the  next  general  election  held  in  an  odd-numbered 
year  after  the  adoption  of  [this  article]  the  amendment  to  this 
section  for  the  term  of  fourteen  years,  and  the  governor  shall  ap- 
point such  additional  county  judges  to  hold  office  until  the  first 
day  of  January  succeeding  the  election  of  additional  judges  as 
provided  hereby.  The  successors  of  the  several  county  judges  in 
the  county  of  Kings  shall  be  chosen  by  the  electors  of  the  county 
for  the  term  of  fourteen  years.  The  successors  of  the  several 
county  judges  in  other  counties  shall  be  chosen  by  the  electors  of 
the  counties  for  the  term  of  six  years.  The  chief  clerk  of  the 
county  court  of  Kings  county  now  in  office  shall  be  the  clerk  of 
such  court.  County  courts  shall  have  the  powers  and  jurisdiction 
they  now  possess,  and  also  original  jurisdiction  in  actions  for  the 
recovery  of  money  only,  where  the  defendants  reside  in  the  county, 
and  in  which  the  complaint  demands  judgment  for  a  sum  not  ex- 
ceeding two  thousand  dollars.  The  legislature  may  hereafter  en- 
large or  restrict  the  jurisdiction  of  the  county  courts,  provided 

*  For  history  of  substituted  Assembly  bill,  No.  343,  see  proposed  amend- 
ment next  following. 


148         NEW   YORK    STATE   CONSTITUTION   ANNOTATED     [Part 

Article  VI,  $  14 

however,  that  their  jurisdiction  shall  not  he  so  extended  as  to 
authorize  an  action  therein  for  the  recovery  of  money  only,  in 
which  the  sum  demanded  exceeds  two  thousand  dollars,  or  in 
which  any  person  not  a  resident  of  the  county  is  [a]  defendant. 
Courts  of  sessions,  except  in  the  county  of  New  York,  are  abol- 
ished from  and  after  the  last  day  of  December,  one  thousand  eight 
hundred  and  ninety-five.  All  the  jurisdiction  of  the  court  of 
sessions  in  each  county,  except  the  county  of  New  York,  shall 
thereupon  be  vested  in  the  county  court  thereof,  and  all  actions 
and  proceedings  then  pending  in  such  courts  of  sessions  shall  be 
transferred  to  said  county  courts  for  hearing  and  determination. 
Every  county  judge  shall  perform  such  duties  as  may  be  required 
by  law.  His  salary  shall  be  established  by  law,  payable  out  of 
the  county  treasury.  A  county  judge  of  any  county  may  hold 
county  courts  in  any  other  county  when  requested  by  the  judge 
of  such  other  county. 

1908.  A.  No.  343  (Int.  338).   (Substituted  for  S.  No.  173.*)   To  S. 

Amended,  S.  No.  1307. 

A.  J.  102,  1068,  1166,  1211,  1268,  1373,  1453,  1516,  1579. 
S.  J.  868,  943,  1128,  1139. 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration  of 
their  respective  terms.  In  the  county  of  Kings  there  shall  be 
[two]  three  county  judges  and  the  additional  county  judge  shall 
be  chosen  at  the  [next]  general  election  held  in  an  odd  numbered 
year  after  the  adoption  of  [this  article,]  the  amendment  to  this 
section  for  the  term  of  fourteen  years  from  and  including  the 
first  day  of  January  next  after  his  election.  The  successors  of 
the  several  county  judges  in  the  county  of  Kings  shall  be  chosen 
by  the  electors  of  the  county  for  the  term  of  fourteen  years  from 
and  including  the  first  day  of  January  next  after  their  election. 
The  successors  of  the  several  county  judges  in  other  counties  shall 
be  chosen  by  the  electors  of  the  counties  for  the  term  of  six  years.. 
County  courts  shall  have  the  powers  and  jurisdiction  they  now 
possess,  and  also  original  jurisdiction  in  actions  for  the  recovery 
of  money  only,  where  the  defendants  reside  in  the  county,  and  in 
which  the  complaint  demands  judgment  for  a  sum  not  exceeding 
two  thousand  dollars.  The  legislature  may  hereafter  enlarge  or 


*  For  history  of  Senate  bill,  No.  173,  for  which  substituted,  see  proposed 
amendment  next  preceding. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      149 

Article  VI,  §  14 

restrict  the  jurisdiction  of  the  county  courts,  provided,  however, 
that  their  jurisdiction  shall  not  be  so  extended  as  to  authorize  an 
action  therein  for  the  recovery  of  money  only,  in  which  the  sum 
demanded  exceeds  two  thousand  dollars,  or  in  which  any  person 
not  a  resident  of  the  county  is  a  defendant.  Courts  of  sessions, 
except  in  the  county  of  New  York,  are  abolished  from  and  after 
the  last  day  of  December,  one  thousand  eight  hundred  and  ninety- 
five.  All  the  jurisdiction  of  the  court  of  sessions  in  each  county, 
except  the  county  of  New  York,  shall  thereupon  be  vested  in  the 
county  court  thereof,  and  all  actions  and  proceedings  then  pending 
in  such  courts  of  sessions  shall  be  transferred  to  said  county 
courts  for  hearing  and  determination.  Every  county  judge  shall 
perform  such  duties  as  may  be  required  by  law.  His  salary  shall 
be  established  by  law,  payable  out  of  the  county  treasury.  A 
county  judge  of  any  county  may  hold  county  courts  in  any  other 
county  when  requested  by  the  judge  of  such  other  county. 

1910.     S.  No.  225  (Int.  223). 
S.  J.  83. 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms.  In  the  county  of  Kings  there  shall 
be  [two]  six  county  judges,  and  the  additional  county  [judge] 
judges  shall  be  chosen  by  the  electors  of  the  county  of  lyings  at 
the  next  general  election  held  after  the  adoption  of  this  article, 
and  shall  severally  ialce  office  on  the  first  day  of  January  there- 
after; and  the  salaries  of  such  additional  county  judges  shall  be 
as  now  established  by  law  for  county  judges  in  said  county  of 
Kings.  The  successors  of  the  several  county  judges  shall  be 
chosen  by  the  electors  of  the  counties  for  the  term  of  six  years. 
County  courts  shall  have  the  powers  and  jurisdiction  they  now 
possess,  and  also  original  jurisdiction  in  actions  for  the  recovery 
of  money  only,  where  the  defendants  reside  in  the  county,  and  in 
which  the  complaint  demands  judgment  for  a  sum  not  exceeding 
two  thousands  dollars.  The  legislature  may  hereafter  enlarge  or 
restrict  the  jurisdiction  of  the  county  courts,  provided,  however, 
that  their  jurisdiction  shall  not  be  so  extended  as  to  authorize  an 
action  therein  for  the  recovery  of  money  only,  in  which  the  sum 
demanded  exceeds  two  thousand  dollars,  or  in  which  any  person 
not  a  resident  of  the  county  is  a  defendant. 


150          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  §  14 

Courts  of  sessions,  except  in  the  county  of  New  York,  are 
abolished  from  and  after  the  last  day  of  December,  one  thousand 
eight  hundred  and  ninety-five.  All  the  jurisdiction  of  the  court 
of  sessions  in  each  county,  except  the  county  of  New  York,  shall 
thereupon  be  vested  in  the  county  court  thereof,  and  all  actions 
and  proceedings  then  pending  in  such  courts  of  sessions  shall  be 
transferred  to  said  county  courts  for  hearing  and  determination. 
Every  county  judge  shall  perform  such  duties  as  may  be  required 
by  law.  His  salary  shall  be  established  by  law,  payable  out  of  the 
county  treasury.  A  county  judge  of  any  county  may  hold  county 
courts  in  any  other  county  when  requested  by  the  judge  of  such 
other  county. 

1910.     A.  No.  34  (Int.  34). 
A.  J.  34. 

2.    Additional  county  judge  in  Queens  county 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms.  In  the  county  of  Kings  there  shall  be 
two  county  judges  and  the  additional  county  judge  shall  be  chosen 
at  the  next  general  election  held  after  the  adoption  of  this  article. 
In  the  county  of  Queens  there  shall  be  two  county  judges  and  the 
additional  county  judge  shall  be  chosen  at  the  next  general  elec- 
tion held  after  the  adoption  of  the  amendment  to  this  section. 
The  successors  of  the  several  county  judges  shall  be  chosen  by  the 
electors  of  the  counties  for  the  term  of  six  years.  County  courts 
shall  have  the  powers  and  jurisdiction  they  now  possess,  and 
also  original  jurisdiction  in  actions  for  the  recovery  of  money 
only,  where  the  defendants  reside  in  the  county,  and  in  which 
the  complaint  demands  judgment  for  a  sum  not  exceeding  two 
thousand  dollars.  The  legislature  may  hereafter  enlarge  or  re- 
strict the  jurisdiction  of  the  county  courts,  provided,  however, 
that  their  jurisdiction  shall  not  be  so  extended  as  to  authorize  an 
action  therein  for  the  recovery  of  money  only,  in  which  the  sum 
demanded  exceeds  two  thousand  dollars,  or  in  which  any  person 
not  a  resident  of  the  county  is  a  defendant.  Courts  of  sessions, 
except  in  the  county  of  New  York,  are  abolished  from  and  after 
the  last  day  of  December,  one  thousand  eight  hundred  and  ninety- 
five.  All  the  jurisdiction  of  the  court  of  sessions  in  each  county, 
except  the  county  of  New  York,  shall  thereupon  be  vested  in  the 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      151 

Article  VI,  §  14 

county  court  thereof,  and  all  actions  and  proceedings  then  pending 
in  such  courts  of  sessions  shall  be  transferred  to  said  county  courts 
for  hearing  and  determination.  Every  county  judge  shall  per- 
form such  duties  as  may  be  required  by  law.  His  salary  shall  be 
established  by  law,  payable  out  of  the  county  treasury.  A  county 
judge  of  any  county  may  hold  county  courts  in  any  other  county 
when  requested  by  the  judge  of  such  other  county. 

1910.     S.  No.  303  (Int.  299). 
S.  J.  121. 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms.  In  the  county  of  Queens  there  shall  be 
two  county  judges  and  the  additional  county  judge  shall  be  chosen 
at  the  next  general  election  held  after  the  adoption  hereof.  In 
the  county  of  Kings  there  shall  be  two  county  judges  and  the 
additional  county  judge  shall  be  chosen  at  the  next  general  election 
held  after  the  adoption  of  this  article.  The  successors  of  the 
several  county  judges  shall  be  chosen  by  the  electors  of  the  coun- 
ties for  the  term  of  six  years.  County  courts  shall  have  the 
powers  and  jurisdiction  they  now  possess,  and  also  original  juris- 
diction in  actions  for  the  recovery  of  money  only,  where  the 
defendants  reside  in  the  county,  and  in  which  the  complaint  de- 
mands judgment  for  a  sum  not  exceeding  two  thousand  dollars. 
The  legislature  may  hereafter  enlarge  or  restrict  the  jurisdiction 
of  the  county  courts,  provided,  however,  that  their  jurisdiction 
shall  not  be  so  extended  as  to  authorize  an  action  therein  for  the 
recovery  of  money  only,  in  which  the  sum  demanded  exceeds  two 
thousand  dollars,  or  in  which  any  person  not  a  resident  of  the 
county  is  a  defendant. 

Courts  of  sessions,  except  in  the  county  of  New  York,  are 
abolished  from  and  after  the  last  day  of  December,  one  thousand 
eight  hundred  and  ninety-five.  All  the  jurisdiction  of  the  court 
of  sessions  in  each  county,  except  the  county  of  New  York,  shall 
thereupon  be  vested  in  the  county  court  thereof,  and  all  actions 
and  proceedings  then  pending  in  such  courts  of  sessions  shall  be 
transferred  to  said  county  courts  for  hearing  and  determination. 
Every  county  judge  shall  perform  such  duties  as  may  be  re- 
quired by  law.  His  salary  shall  be  established  by  law,  payable 
out  of  the  county  treasury.  A  county  judge  of  any  county  may 


152          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  §  14 

hold  county  courts  in  any  other  county  when  requested  by  the 
judge  of  such  other  county. 

1911.     A.  No.  570  (Int.  554).     To  S. 

A.  J.  306,  1507,  1573,  1599,  1636,  1750,  1971. 
S.  J.  977. 

3.    Additional  county  judge  in  Westchester  county 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration  of 
their  respective  terms.  In.  each  of  the  [county]  counties  of  Kings 
and  Westchester  there  shall  be  two  county  judges,  and  the  addi- 
tional county  judge  in  the  county  of  Westchester  shall  be  chosen  at 
the  next  general  election  held  in  an  odd-numbered  year  after  the 
adoption  of  this  [article]  amendment,  and  his  term  of  office  judge 
in  office  in  the  county  of  Westchester  at  the  adoption  of  this  amend- 
ment shall  hold  office  until  the  expiration  of  the  term  for  which  he 
was  elected.  The  term  of  office  of  the  county  judges  in  West- 
Chester  county  shall  be  six  years.  Their  powers  and  jurisdiction 
shall  be  co-ordinate  and  coequal.  One  or  more  parts  of  the  county 
court  may  be  held  in  said  county.  The  successors  of  the  several 
county  judges  in  other  counties  shall  be  chosen  by  the  electors  of 
the  counties  for  the  term  of  six  years.  County  courts  shall  have 
the  powers  and  jurisdiction  they  now  possess,  and  also  original 
jurisdiction  in  actions  for  the  recovery  of  money  only,  where  the 
defendants  reside  in  the  county,  and  in  which  the  complaint  de- 
mands judgment  for  a  sum  not  exceeding  two  thousand  dollars. 
The  legislature  may  hereafter  enlarge  or  restrict  the  jurisdiction 
of  the  county  courts,  provided,  however,  that  their  jurisdiction 
shall  not  be  so  extended  as  to  authorize  an  action  therein  for  the 
recovery  of  money  only,  in  which  the  sum  demanded  exceeds  two 
thousand  dollars,  or  in  which  any  person  not  a  resident  of  the 
county  is  a  defendant.  Courts  of  sessions,  except  in  the  county  of 
New  York,  are  abolished  from  and  after  the  last  day  of  December, 
one  thousand  eight  hundred  and  ninety-five.  All  the  jurisdiction 
of  the  court  of  sessions  in  each  county,  except  the  county  of  'New 
York,  shall  thereupon  be  vested  in  the  county  court  thereof,  and 
all  actions  and  proceedings  then  pending  in  such  courts  of  sessions 
shall  be  transferred  to  said  county  courts  for  hearing  and  determi- 
nation. Every  county  judge  shall  perform  such  duties  as  may  be 
required  by  law.  His  salary  shall  be  established  by  law,  payable 
out  of  the  county  treasury.  A  county  judge  of  any  county  may 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      153 

Article  VI,  §  14 

hold  county  courts  in  any  other  county  when  requested  by  the 
judge  of  such  other  county. 

1910.     A.  No.  2444  (Int.  1658). 
A.  J.  2272. 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration  of 
their  respective  terms.  In  each  of  the  [county]  counties  of  Kings 
and  Westchester  there  shall  be  two  county  judges,  and  the  addi- 
tional county  judge  in  the  county  of  Westchester  shall  be  chosen 
at  the  next  general  election  held  after  the  adoption  of  this  [arti- 
cle] amendment,  and  his  term  of  office  shall  begin  on  the  first  day 
of  January  thereafter.  The  county  judge  in  office  in  the  county 
of  Westchester  at  the  adoption  of  this  amendment  shall  hold  office 
until  the  expiration  of  the  term  for  which  he  was  elected.  The 
terms  of  office  of  the  county  judges  in  Westchester  county  shall  be 
six  years.  Their  powers  and  jurisdiction  shall  be  co-ordinate  and 
coequal.  One  or  more  parts  of  the  county  court  may  be  held  in 
said  county.  The  succcesors*  of  the  several  county  judges  in  other 
counties  shall  be  chosen  by  the  electors  of  the  counties  for  the  term 
of  six  years.  'County  courts  shall  have  the  powers  and  jurisdiction 
they  now  possess,  and  also  original  jurisdiction  in  actions  for  the 
recovery  of  money  only,  where  the  defendants  reside  in  the  county, 
and  in  which  the  complaint  demands  judgment  for  a  sum  not  ex- 
ceeding two  thousand  dollars.  The  legislature  may  hereafter  en- 
large or  restrict  the  jurisdiction  of  the  county  courts,  provided, 
however,  that  their  jurisdiction  shall  not  be  so  extended  as  to  au- 
thorize an  action  therein  for  the  recovery  of  money  only,  in  which 
the  sum  demanded  exceeds  two  thousand  dollars,  or  in  which  any 
person  not  a  resident  of  the  county  is  a  defendant.  Courts  of 
sessions,  except  in  the  county  of  New  York,  are  abolished  from 
and  after  the  last  day  of  December,  one  thousand  eight  hundred 
and  ninety-five.  All  the  jurisdiction  of  the  court  of  sessions  in 
each  county,  except  the  county  of  New  York,  shall  thereupon  be 
vested  in  the  county  court  thereof,  and  all  actions  and  proceedings 
then  pending  in  such  courts  of  sessions  shall  be  transferred  to  said 
county  courts  for  hearing  and  determination.  Every  county  judge 
shall  perform  such  duties  as  may  be  required  by  law.  His  salary 
shall  be  established  by  law,  payable  out  of  the  county  treasury.  A 


So  in  original. 


154  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VI,  $  14 

county  judge  of  any  county  may  hold  county  courts  in  any  other 
county  when  requested  by  the  judge  of  such  other  county. 

1910.     A.  No.  2461  (Int.  1671). 
A.  J.  2352. 

4.    Additional  county  judges  in  Kings  and  Westchester  counties 

§  14.  The  existing  county  courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration  of 
their  respective  terms.  In  the  county  of  Kings  there  shall  be 
[two]  four  and  in  the  county  of  Westchester  two  county  judges, 
and  the  additional  county  judges  in  the  county  of  Kings  shall  be 
chosen  at  the  [next]  general  election  held  in  an  odd-numbered 
year  after  the  adoption  of  [this  article,]  the  amendment  to  this 
section  for  the  term  of  fourteen  years  from  and  including  the  first 
day  of  January  next  after  their  election.  The  successors  of  the 
several  county  judges  in  the  co-unty  of  Kings  shall  be  chosen  by  the 
electors  of  the  county  for  the  term  of  fourteen  years  from  and  in- 
cluding the  first  day  of  January  next  after  their  election.  The 
county  judge  in  office  in  the  county  of  Westchester  at  the 
adoption  of  this  amendment  shall  hold  office  until  the  expiration 
of  the  term  for  which  he  was  elected.  The  additional  county 
judge  in  said  county  shall  be  elected  at  the  general  election  held 
next  after  the  adoption  of  this  amendment,  and  his  term  of 
office  shall  begin  on  the  first  day  of  January  thereafter.  The 
terms  of  office  of  the  county  judges  in  Westchester  county  shall  be 
six  years.  Their  powers  and  jurisdiction  shall  be  co-ordinate  and 
coequal.  One  or  more  parts  of  the  county  court  may  be  held  in 
said  county.  The  successors  of  the  several  county  judges  in  other 
counties  shall  be  chosen  by  the  electors  of  the  counties  for  the  term 
of  six  years.  County  courts  shall  have  the  powers  and  jurisdic- 
tion they  now  possess,  and  also  original  jurisdiction  in  actions  for 
the  recovery  of  money  only,  where  the  defendants  reside  in  the 
county,  and  in  which  the  complaint  demands  judgment  for  a  sum 
not  exceeding  two  thousand  dollars.  The  legislature  may  here- 
after enlarge  or  restrict  the  jurisdiction  of  the  county  courts,  pro- 
vided, however,  that  their  jurisdiction  shall  not  be  so  extended  as 
to  authorize  an  action  therein  for  the  recovery  of  money  only,  in 
which  the  sum  demanded  exceeds  two  thousand  dollars,  or  in  which 
any  person  not  a  resident  of  the  county  is  a  defendant.  Courts 
of  sessions,  except  in  the  county  of  New  York,  are  abolished  from 
and  after  the  last  day  of  December,  one  thousand  eight  hundred 


II]       AMENDMENTS  ADOPTED  AND  PKOPOSED,  1895-1914      155 

Article  VI,  §  14 

and  ninety-five.  All  the  jurisdiction  of  the  court  of  sessions  in 
each  county,  except  the  county  of  New  -York,  shall  thereupon  be 
vested  in  the  county  court  thereof,  and  all  actions  and  proceedings 
then  pending  in  such  courts  of  sessions  shall  be  transferred  to  said 
county  courts  for  hearing  and  determination.  Every  county  judge 
shall  perform  such  duties  as  may  be  required  by  law.  His  salary 
shall  be  established  by  law,  payable  out  of  the  county  treasury.  A 
county  judge  of  any  county  may  hold  county  courts  in  any  other 
county  when  requested  by  the  judge  of  such  other  county. 

1910.     A.  No.  2447  (Int.  1661). 
A.  J.  2272. 

5.     Consolidation  of  Kings  county  auxiliary  court  with  county  court  of  Kings 
county 

§  14.  The  existing  Coimty  Courts  are  continued,  and  the  judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration  of 
their  respective  terms.  [In  the  county  of  Kings  there  shall  be 
two  county  judges  and  the  additional  county  judge  shall  be  chosen 
at  the  next  general  election  held  after  the  adoption  of  this  article.] 
Tlie  Kings  county  auxiliary  court  is  hereby  merged  into  and  con- 
solidated with  the  county  court  of  Kings  county  and  the  judges  of 
the  county  court  of  Kings  county  in  office  at  the  time  of  the  adop- 
tion of  this  amendment,  and  the  judges  of  the  Kings  county  auxil- 
iary court  at  such  time  in  office  are  and  shall  be  county  judges  of 
Kings  county  for  the  remainder  of  the  terms  of  office  to  which  they 
have  been  elected  or  appointed  respectively;  and  hereafter  there 
shall  be  in  the  county  of  Kings  four  county  judges.  All  actions 
and  proceedings  pending  in  the  Kings  county  auxiliary  court  at 
the  time  of  the  adoption  of  this  amendment  are  hereby  transferred 
into  the  county  court  of  Kings  county  and  shall  therein  be  con- 
tinued, determined,  and  disposed  of  in  like  manner,  and  with  the 
same  force  and  effect,  as  if  originally  instituted  or  began  therein. 
It  shall  be  lawful  for  the  legislature  to  enlarge  the  jurisdiction  of 
the  county  court  of  Kings  county  so  as  to  authorize  an  action  for 
the  recovery  of  money  only  in  which  the  sum  demanded  does  not 
exceed  ten  thousand  dollars  where  the  defendant  or  defendants  re- 
side in  Kings  county;  it  also  shall  be  lawful  for  the  legislature  to 
confer  upon  said  court  the  poiver  and  jurisdiction  of  surrogates 
with  authority  to  try  issues  of  fact  by  jury  in  probate  causes,  for 
the  relief  of  the  surrogate's  court  in  said  county.  The  successors 
of  the  several  county  judges  shall  be  chosen  by  the  electors  of  the 


156          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  $  24 

counties  for  the  term  of  six  years.  County  Courts  shall  have  the 
powers  and  jurisdiction  they  now  possess,  and  also  original  juris- 
diction in  actions  for  the  recovery  of  money  only,  where  the  de- 
fendants reside  in  the  county,  and  in  which  the  complaint  demands 
judgment  for  a  sum  not  exceeding  two  thousand  dollars.  The 
Legislature  may  hereafter  enlarge  or  restrict  the  jurisdiction  of  the 
County  Courts,  provided  however,  that  their  jurisdiction  shall  not 
be  so  extended  as  to  authorize  an  action  therein  for  the  recovery 
of  money  only,  in  which  the  sum  demanded  exceeds  two  thousand 
dollars,  or  in  which  any  person  not  a  resident  of  the  county  is  a 
defendant. 

Courts  of  Sessions,  except  in  the  county  of  New  York,  are  abol- 
ished from  and  after  the  last  day  of  December,  one  thousand  eight 
hundred  and  ninety-five.  All  the  jurisdiction  of  the  Court  of  Ses- 
sions in  each  county,  except  the  county  of  New  York,  shall  there- 
upon be  vested  in  the  County  Court  thereof,  and  all  actions  and 
proceedings  then  pending  in  such  Courts  of  Sessions  shall  be 
transferred  to  said  County  Courts  for  hearing  and  determination. 
Every  county  judge  shall  perform  such  duties  as  may  be  required 
by  law.  His  salary  shall  be  established  by  law,  payable  out  of  the 
county  treasury.  A  county  judge  of  any  county  may  hold  County 
Courts  in  any  other  county  when  requested  by  the  judge  of  such 
other  county. 

1901.     S.  No.  345  (Int.  321). 
S.  J.  158. 

6.     Additional  justices  in  first  district 

§  24.  (Proposal  to  add  the  following  new  section:)  On  the  cer- 
tificate of  the  appellate  division  of  the  supreme  court  in  the  first 
judicial  department  that  public  interest  requires  it,  the  governor 
may  appoint  from  time  to  time,  not  more  than  ten  persons  to  act 
as  trial  justices  of  the  supreme  court  in  and  for  the  first  judicial 
district  for  a  term  which  shall  expire  at  the  end  of  the  term  of  the 
governor  by  whom  the  appointments  are  made.  Persons  so  ap- 
pointed shall  possess  the  qualifications  and  powers,  and  be  subject 
to  the  duties,  liabilities  and  responsibilities  of  justices  of  the  su- 
preme court  chosen  under  this  article,  and  shall  be  entitled  to  the 
same  compensation  and  paid  in  like  manner  as  other  justices  of  the 
supreme  court  in  the  first  judicial  district. 

1898.  S.  No.  1065  (Int.  859).  (Same  as  A.  No.  1744.) 

S.  J.  832,  938,  1014. 

A.  No.  1744  (Int.  1316).  (Same  as  S.  No.  1065.) 
A.  J.  1547. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      157 

Article  VI,  $  24 

§  24.  (Proposal  to  add  the  following  new  section:)  At  the  gen- 
eral election  next  after  the  adoption  of  this  amendment,  there  shall 
be  elected,  and  thereafter  as  the  offices  shall  become  vacant  through 
expiration  of  term  or  otherwise,  by  the  electors  of  the  first  judicial 
district  six  justices  of  the  supreme  court  in  addition  to  the  justices 
of  that  court  now  in  office  in  said  judicial  district.  The  justices 
so  elected  shall  be  invested  with  their  offices  on  the  first  day  of 
January  next  after  their  election. 

1902.     A.  No.  215  (Int.  215). 
A.  J.  80. 

§  24.  (Proposal  to  add  the  following  new  section:)  At  the 
general  election  next  after  the  adoption  of  this  amendment,  there 
shall  be  elected,  and  thereafter  as  the  offices  shall  become  vacant 
through  expiration  of  term  or  otherwise,  by  the  electors  of  the  first 
judicial  district  four  justices  of  the  supreme  court  in  addition  to 
the  justice  of  that  court  now  in  office  in  said  judicial  district.  The 
justices  so  elected  shall  be  invested  with  their  offices  on  the  first  day 
of  January  next  after  their  election. 

1902.  S.  No.  480  (Int.  144).     (Same  as  A.  No.  404  and  S.  No.  289.) 
S.  No.  289  (Int.  260).     (Same  as  A.  No.  404  and  S.  No.  480.) 

S.  J.  107. 

A.  No.  404  (Int.  380).     (Same  as  S.  No.  289  and  S.  No.  480.) 
A.  J.  154. 

1903.  A.  No.  1438  (Int.  1106). 

A.  J.  1100. 

7.     Additional  justices  in  second  district 

§  24.  (Proposal  to  add  the  following  new  section:)  In  ad- 
dition to  the  justices  of  the  supreme  court,  now  in  office,  there 
shall  be  one  additional  justice  who  shall  reside  in  the  county  of 
Dutch-ess,  in  the  second  judicial  district.  He  and  his  successors 
shall  be  chosen  by  the  electors  of  the  second  judicial  district. 

1898.     S.  No.  809  (Int.  676).     (Same  as  A.  No.  1462.) 

S.  J.  527,  662,  674. 

A.  No.  1462  (Int.  1128).     (Same  as  S.  No.  809.) 
A.  J.  1139. 

§  24.  (Proposal  to  add  the  following  new  section:)  At  the 
general  election  next  after  the  adoption  of  this  amendment,  there 
shall  be  elected,  and  thereafter  as  the  office  shall  become  vacant 
through  expiration  of  term  or  otherwise,  by  the  electors  of  the 
second  judicial  district  three  justices  of  the  supreme  court  in 
addition  to  the  justices  of  that  court  now  in  office  in  said  judicial 


158          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  §  24 

district.     The  justices  so  elected  shall  be  invested  with  their  offices 
on  the  first  day  of  January  next  after  their  election. 

1899.     S.  No.  1031  (Int.  362).    To  Sec.  of  State. 

S.  J.  178,  571,  722,  725,  834,  925,  926,  1233. 
A.  J.  1999,  2214,  '2266,  2424. 

1902.  A.  No.  68  (Int.  68). 

A.  J.  46. 

§  24.  (Proposal  to  add  the  following  new  section:)  At  the 
general  election  next  after  the  adoption  of  this  amendment,  there 
shall  be  elected,  and  thereafter  as  the  offices  become  vacant  through 
expiration  of  term  or  otherwise,  by  the  electors  of  the  second 
judicial  district  two  justices  of  the  supreme  court  in  addition  to 
the  justices  of  that  court  now  in  office  in  said  judicial  district. 
The  justices  so  elected  shall  be  invested  with  their  offices  on  the 
first  day  of  January  next  after  their  election. 

1901.  S.  No.  1159  (Int.  847).  To  See.  of  State. 

S.  J.  920,  989,  1700,  1728,  1778,  2046. 
A.  J.  3695,  3912,  3919. 

1903.  S.  No.  1088  (Int.  790). 

S.  J.  898. 

8.  Additional  justices  in  eighth  district 

§  24.  (Proposal  to  add  the  following  new  section:)  At  the 
general  election  next  after  the  adoption  of  this  amendment,  there 
shall  be  elected,  and  thereafter  as  the  offices  become  vacant  through 
expiration  of  term  or  otherwise,  by  the  electors  of  the  eighth 
judicial  district,  three  justices  of  the  supreme  court  in  addition 
to  the  justices  of  that  court  now  in  office  in  said  judicial  district. 
All  the  justices  so  elected  shall  be  invested  with  their  offices  on 
the  first  day  of  January  next  after  their  election. 

1902.  S.  No.  121  (Int.  121). 

S.  J.  42. 

9.  Additional  justices  in  first  and  second  districts 

§  24.  (Proposal  to  add  the  following  new  section:)  At  the 
general  election  next  after  the  adoption  of  this  amendment,  there 
shall  be  elected,  and  thereafter  as  the  offices  become  vacant  through 
expiration  of  term  or  otherwise,  by  the  electors  of  the  first  ju- 
dicial district,  four  justices  of  the  supreme  court  in  addition  to 
the  justices  of  that  court  now  in  office  in  said  judicial  district; 
and  by  the  electors  of  the  second  judicial  district,  three  justices 
of  the  supreme  court,  in  addition  to  the  justices  of  that  court, 
now  in  office  in  said  judicial  district.  All  the  justices  so  elected 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      159 

Article  VI,  $  24 

shall  be  invested  with  their  offices  on  the  first  day  of  January 
next  after  their  election. 

1900.  S.  No.  395  (Int.  27).    To  Sec.  of  State. 

S.  J.  77,  217,  228,  235,  290,  1896. 
A.  J.  602,  3694. 

1901.  S.  No.  1076  (Int.  467). 

S.  J.  258,  803,  1020. 

10.     Additional  justices  in  first,  second  and  eighth  districts 

§  24.  (Proposal  to  add  the  following  new  section:)  At  the 
general  election  next  after  the  adoption  of  this  amendment,  and 
thereafter  as  the  offices  shall  become  vacant  through  expiration  of 
term  or  otherwise,  there  shall  be  elected  by  the  electors  of  the 
second  judicial  district  three  justices  of  the  supreme  court  in 
addition  to  the  justices  of  that  court  now  provided  for  by  law 
in  said  judicial  district;  and  by  the  electors  of  the  eighth  judicial 
district,  three  justices  of  the  supreme  court,  in  addition  to  the 
justices  of  that  court  now  provided  for  by  law  in  said  judicial 
district;  and  by  the  electors  of  the  first  judicial  district,  four 
justices  of  the  supreme  court,  in  addition  to  the  justices  of  that 
court  now  provided  for  by  law  in  said  judicial  district.  The 
justices  so  elected  shall  be  invested  with  their  offices  on  the  first 
day  of  January  next  after  their  election. 

1902.  S.  No.  640  (Int.  54).    To  A. 

S.  J.  22,  109,  347,  558,  563. 
A.  J.  1025. 

§  2Jf.  (Proposal  to  add  the  following  new  section:)  At  the 
general  election  next  after  the  adoption  of  this  amendmentt  there 
shall  be  elected,  and  thereafter  as  the  offices  shall  become  vacant 
through  expiration  of  term  or  otherwise,  by  the  electors  of  the 
first  judicial  district  four  justices  of  the  supreme  court  in  addi- 
tion to  the  justices  of  that  court  now  in  office  in  said  judicial 
district;  and  by  the  electors  of  the  second  judicial  district  four 
justices  of  the  supreme  court  in  addition  to  the  justices  of 
that  court  now  in  office  in  said  judicial  district;  and  by  the  electors 
of  the  eighth  judicial  district  one  justice  of  the  supreme  court  in 
addition  to  the  justices  of  that  court  now  in  office  in  said  district. 
All  the  justices  so  elected  shall  be  invested  with  their  offices  on  the 
first  day  of  January  next  after  their  election. 

1903.  S.  No.  715  (Int.  560). 

S.  J.  422. 


160          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VI,  $  24 

11.  Court  of  condemnation  proceedings 

§  24.  (Proposal  to  add  the  following  new  section:)  The  legis- 
lature may  establish  a  court  of  record,  in  any  county  not  contained 
with  other  counties  within  a  city,  or  in  any  city,  containing  within 
its  boundaries  more  than  one  county,  which  court  may  be  vested 
with  original  jurisdiction  in  proceedings  for  taking  private  prop- 
erty for  public  use,  assessing  property  for  benefits  and  awarding 
damages,  and  in  proceedings  for  the  review  of  assessments  of 
property  for  taxation.  Judges  of  such  court  shall  sit  without  a 
jury.  The  judges  shall  be  appointed  in  such  manner  and  hold 
office  for  such  term  as  the  legislature  may  prescribe. 

1909.  A.  No.  1504  (Int.  354).     (Same  as  S.  No.  493.)     To  S. 

A.  J.  191,  750,  876,  927,  1078,  1175,  1228,  1374. 
S.  J.  752. 

S.  No.  493  (Int.  210).     (Same  as  A.  No.  1504.) 
S.  J.  107,  301. 

1910.  S.  No.  35  (Int.  35). 

S.  J.  17. 

12.  Courts  not  to  declare  statute  unconstitutional 

§  24.  (Proposal  to  add  the  following  new  section:)  The 
powers  vested  in  the  courts  of  this  state  by  article  six  of  the  con- 
stitution shall  not  be  construed  by  any  of  the  courts  of  this  state, 
or  by  any  of  the  judges  thereof,  as  authorizing  the  judge  or  judges 
of  any  of  said  courts,  or  of  any  courts  created  in  accordance  with 
the  provisions  of  said  article,  to  declare  any  enactment  of  the 
legislature  unconstitutional  and  void  because  any  such  judge,  or 
judges  thereof,  are  of  the  opinion  that  said  enactment  is  in  conflict 
with  the  constitution  of  this  state,  and  all  of  such  judges  shall 
hold  such  enactments  valid,  except  in  so  far  as  the  judge  or  judges 
of  said  courts  are  of  the  opinion  that  such  enactment  conflicts  with 
the  provisions  of  the  federal  constitution. 

1912.     A.  No.  1513  (Int.  1300). 
A.  J.  835. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      161 

Article  VII,  §  2 


ARTICLE  VII 

§  1.  The  credit  of  the  State  shall  not  in  any  manner  be  given 
or  loaned  to  or  in  aid  of  any  individual,  association  or  corporation. 

AMENDMENT   PROPOSED  BUT  NOT   SUBMITTED  TO  THE  PEOPLE 

1.     Prohibiting  appropriation  of  public  money  to  private  use 

§  1.  (Proposal  to  add  the  following:)  And  the  legislature 
shall  not  appropriate  any  moneys  that  belong  to  the  state  of 
New  York  to  any  individual,  association  or  corporation  for  any 
purpose  whatsoever. 

1908.     A.  No.  1108  (Int.  930). 
A.  J.  550. 

§  2.  The  State  may,  to  meet  casual  deficits  or  failures  in  rev- 
enues, or  for  expenses  not  provided  for,  contract  debts ;  but  such 
debts,  direct  or  contingent,  singly  or  in  the  aggregate,  shall  not 
at  any  time  exceed  one  million  of  dollars ;  and  the  moneys  arising 
from  the  loans  creating  such  debts  shall  be  applied  to  the  purpose 
for  which  they  were  obtained,  or  to  repay  the  debt  so  contracted, 
and  to  no  other  purpose  whatever. 

AMENDMENT  PROPOSED  BUT  NOT   SUBMITTED  TO  THE  PEOPLE 
1.    Eight  hour  day  on  public  work  —  payment  of  prevailing  rate  of  wages 

§  2.  (Proposal  to  add  the  following:)  No  person  shall  be 
compelled  to  labor  more  than  eight  hours  a  day  while  in  em- 
ployment by  or  on  behalf  of  the  state,  a  county,  town,  village, 
city  or  municipality,  or  any  civil  division  thereof,  within  this 
state;  and  no  person,  contractor  or  corporation  who  has  a  contract, 
or  employment,  by  or  on  behalf  of  the  state,  a  county,  city,  town, 
village,  municipality,  or  any  civil  division  thereof,  shall  compel 
any  person  to  work  more  than  eight  hours  a  day  on  said  work, 
contract  or  employment.  The  state,  a  county,  city,  town,  village, 
municipality,  or  any  civil  division  thereof,  shall  pay  to  each  and 
every  person  in  its  employ,  the  prevailing  rate  of  wages  for  such 
work  performed.  And  any  person,  corporation  or  company  who 
has  a  contract,  or  is  employed,  by  or  on  behalf  of  the  state,  a 
county,  city,  town,  village,  municipality,  or  any  civil  division 
thereof,  shall  pay  the  prevailing  rate  of  wages  to  any  person  em- 


162  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VII,  §  4 

ployed  on  the  work  by  a  person,  contractor,  or  company  who  has 
work,  or  a  contract,  or  employment,  on  behalf  of  the  state,  a 
county,  city,  town,  village,  municipality,  or  any  civil  division 
thereof. 

1908.     A.  No.  1996  (Int.  1444). 
A.  J.  1501. 

§  4.  Except  the  debts  specified  in  sections  two  and  three  of  this 
article,  no  debts  shall  be  hereafter  contracted  by  or  on  behalf  of 
this  State,  unless  such  debt  shall  be  authorized  by  a  law,  for  some 
single  work  or  object,  to  be  distinctly  specified  therein;  and  such 
law  shall  impose  and  provide  for  the  collection  of  a  direct  annual 
tax  to  pay,  and  sufficient  to  pay,  the  interest  on  such  debt  as  it 
falls  due,  and  also  to  pay  and  discharge  the  principal  of  such 
debt  within  eighteen  years  from  the  time  of  the  contracting 
thereof.  No  such  law  shall  take  effect  until  it  shall,  at  a  general 
election,  have  been  submitted  to  the  people,  and  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such  election. 
On  the  final  passage  of  such  bill  in  either  house  of  the  Legislature, 
the  question  shall  be  taken  by  ayes  and  noes,  to  be  duly  entered 
on  the  journals  thereof,  and  shall  be:  "  Shall  this  bill  pass,  and 
ought  the  same  to  receive  the  sanction  of  the  people?  " 

The  Legislature  may  at  any  time,  after  the  approval  of  such 
law  by  the  people,  if  no  debt  shall  have  been  contracted  in  pur- 
suance thereof,  repeal  the  same;  and  may  at  any  time,  by  law, 
forbid  the  contracting  of  any  further  debt  or  liability  under  such 
law;  but  the  tax  imposed  by  such  act,  in  proportion  to  the  debt 
and  liability  which  may  have  been  contracted,  in  pursuance  of 
such  law,  shall  remain  in  force  and  be  irrepealable,  and  be  an- 
nually collected,  until  the  proceeds  thereof  shall  have  made  the 
provision  hereinbefore  specified  to  pay  and  discharge  the  interest 
and  principal  of  such  debt  and  liability.  The  money  arising  from 
any  loan  or  stock  creating  such  debt  or  liability  shall  be  applied 
to  the  work  or  object  specified  in  the  act  authorizing  such  debt  or 
liability,  or  for  the  repayment  of  such  debt  or  liability,  and  for 
no  other  purpose  whatever.  No  such  law  shall  be  submitted  to 
be  voted  on,  within  three  months  after  its  passage,  or  at  any 
general  election  when  any  other  law,  or  any  bill,  or  any  amend- 
ment to  the  Constitution,  shall  be  submitted  to  be  voted  for  or 
against. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      163 

Article  VII,  $  4 

AMENDMENTS  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  4.  Except  the  debts  specified  in  sections  two  and  three  of 
this  article,  no  debts  shall  be  hereafter  contracted  by  or  [on]  in 
behalf  of  this  state,  unless  such  debt  shall  be  authorized  by  a  law 
for  some  single  work  or  object,  to  be  distinctly  specified  therein; 
and  such  law  shall  impose  and  provide  for  the  collection  of  at 
direct  annual  tax  to  pay,  and  sufficient  to  pay,  the  interest  on  such 
debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  principal 
of  such  debt  within  [eighteen]  fifty  years  from  the  time  of  the 
contracting  thereof.  No  such  law  shall  take  effect  until  it  shall, 
at  a  general  election,  have  been  submitted  to  the  people,  and  have 
received  a  majority  of  all  the  votes  cast  for  and  against  it  atj 
such  election.  On  the  final  passage  of  such  bill  in  either  house  of 
the  legislature,  the  question  shall  be  taken  by  ayes  and  noes,  to  be 
duly  entered  on  the  journals  thereof,  and  shall  be:  "  Shall  this  bill 
pass,  and  ought  the  same  to  receive  the  sanction  of  the  people?  ' ' 
The  legislature  may  at  any  time,  after  the  approval  of  such  law 
by  the  people,  if  no  debt  shall  have  been  contracted  in  pursuance 
thereof,  repeal  the  same ;  and  may  at  any  time,  by  law,  forbid  the 
contracting  of  any  further  debt  or  liability  under  such  law;  but 
the  tax  imposed  by  such  act,  in  proportion  to  the  debt  and  liability 
which  may  have  been  contracted,  in  pursuance  of  such  law,  shall 
remain  in  force  and  be  irrepealable,  and  annually  collected, 
until  the  proceeds  thereof  shall  have  made  the  provision  herein- 
before specified  to  pay  and  discharge  the  interest  and  principal 
of  such  debt  and  liability.  The  money  arising  from  any  loan  or* 
stock  creating  such  debt  or  liability  shall  be  applied  to  the  work 
or  object  specified  in  the  act  authorizing  such  debt  or  liability, 
or  for  the  [repayment]  payment  of  such  debt  or  liability,  and 
for  no  other  purpose  whatever.  No  such  law  shall  be  submitted 
to  be  voted  on,  within  three  months  after  its  passage  or  at  any 
general  election  when  any  other  law,  or  any  bill  [or  any  amend- 
ment to  the  constitution,]  shall  be  submitted  to  be  voted  for  or 
against.  The  legislature  may  provide  for  the  issue  of  bonds  of 
the  state  to  run  for  a  period  not  exceeding  fifty  years  in  lieu  of 
bonds  heretofore  authorized  but  not  issued  and  shall  impose  and 
provide  for  the  collection  of  a  direct  annual  tax  for  the  payment 


164          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  §  4 

of  the  same  as  hereinbefore  required.  When  any  sinking  fund 
created  under  this  section  shall  equal  in  amount  the  debt  for1 
which  it  was  created,  no  further  direct  tax  shall  be  levied  on  ac- 
count  of  said  sinking  fund  and  the  legislature  shall  reduce  the 
tax  to  an  amount  equal  to  the  accruing  interest  on  such  debt. 

1903.  S.  No.  1073  (Int.  39).  To  Sec.  of  State. 

S.  J.  24,  858,  1010,  1213,  1235,  1388,  1560. 

A.  J.  '2777,  2814,  2816. 
1905.  S.  No.  293  (Int.  273).  To  Sec.  of  State. 

S.  J.  113,  304,  333,  354,  361,  900. 

A.  J.  597,  1277,  1409,  1476,  1530,  1583,  1736,  1867. 
Adopted  Nov.  7,  1905. 

Vote:  for,  293,552;  against,  127,364. 

§  4.  Except  the  debts  specified  in  sections  two  and  three  of 
this  article,  no  debts  shall  be  hereafter  contracted  by  or  in  behalf 
of  this  state,  unless  such  debt  shall  be  authorized  by  [a]  law,  for 
some  single  work  or  object,  to  be  distinctly  specified  therein;  and 
such  law  shall  impose  and  provide  for  the  collection  of  a  direct 
annual  tax  to  pay,  and  sufficient  to  pay,  the  interest  on  such  debt 
as  it  falls  due,  and  also  to  pay  and  discharge  the  principal  of  such 
debt  within  fifty  years  from  the  time  of  the  contracting  thereof. 
No  such  law  shall  take  effect  until  it  shall,  at  a  general  election, 
have  been  submitted  to  the  people,  and  have  received  a  majority 
of  all  the  votes  cast  for  and  against  it  at  such  election.  On  the 
final  passage  of  such  bill  in  either  house  of  the  legislature,  the 
question  shall  be  taken  by  ayes  and  noes,  to  be  duly  entered  on  the 
journals  thereof,  and  shall  be:  "  Shall  this  bill  pass,  and  ought 
the  same  to  receive  the  sanction  of  the  people?  "  The  legislature 
may  at  any  time  after  the  approval  of  such  law  by  the  people, 
if  no  debt  shall  have  been  contracted  in  pursuance  thereof,  repeal 
the  same;  and  may  at  any  time,  by  law,  forbid  the  contracting 
of  any  further  debt  or  liability  under  such  law;  but  the  tax  im- 
posed by  such  act,  in  proportion  to  the  debt  and  liability  which 
may  have  been  contracted  in  pursuance  of  such  law,  shall  remain 
in  force  and  be  irrepealable,  and  be  annually  collected,  until  the 
proceeds  thereof  shall  have  made  the  provision  hereinbefore  speci- 
fied to  pay  and  discharge  the  interest  and  principal  of  such  debt 
and  liability.  The  money  arising  from  any  loan  or  stock  creating 
such  debt  or  liability  shall  be  applied  to  the  work  or  object  speci- 
fied in  the  act  authorizing  such  debt  or  liability,  or  for  the  pay- 
ment of  such  debt  or  liability,  and  for  no  other  purpose  whatever. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      165 


Article  VII,  $  4 


No  such  law  shall  be  submitted  to  be  voted  on  within  three  months 
after  its  passage  or  at  any  general  election  when  any  other  law, 
or  any  bill  shall  be  submitted  to  be  voted  for  or  against.  The 
legislature  may  provide  for  the  issue  of  bonds  of  the  state  to  run 
for  a  period  not  exceeding  fifty  years  in  lieu  of  bonds  heretofore 
authorized  but  not  issued  and  shall  impose  and  provide  for  the 
collection  of  a  direct  annual  tax  for  the  payment  of  the  same  as 
hereinbefore  required.  When  any  sinking  fund  created  under  this 
section  shall  equal  in  amount  the  debt  for  which  it  was  created,  no 
further  direct  tax  shall  be  levied  on  account  of  said  sinking  fund, 
and  the  legislature  shall  reduce  the  tax  to  an  amount  equal  to  the 
accruing  interest  on  such  debt.  The  legislature  may  from  time  to 
time  alter  the  rate  of  interest  to  be  paid  upon  any  state  debt, 
which  has  been  or  may  be  authorized  pursuant  to  the  provisions 
of  this^section,  or  upon  any  part  of  such  debt,  provided,  however, 
that  the  rate  of  interest  shall  not  be  altered  upon  any  part  of 
such  debt  or  upon  any  bond  or  other  evidence  thereof,  which  has 
been,  or  shall  be  created  or  issued  before  such  alteration.  In 
case  the  legislature  increase  the  rate  of  interest  upon  any  such 
debt,  or  part  thereof,  it  shall  impose  and  provide  for  the  collec- 
tion  of  a  direct  annual  tax  to  pay  and  sufficient  to  pay  the  in- 
creased or  altered  interest  on  such  debt  as  it  falls  due  and  also 
to  pay  and  discharge  the  principal  of  such  debt  within  fifty  years 
from  the  time  of  the  contracting  thereof,  and  shall  appropriate 
annually  to  the  sinking  fund  moneys  in  amount  sufficient  to  pay 
such  interest  and  pay  and  discharge  the  principal  of  such  debt 
when  it  shall  become  due  and  payable. 

1908.  S.  No.  863  (Int.  668).  (Same  as  A.  No.  1893.)  To  'Sec.  of  State. 

S.  J.  424,  470,  479,  604,  644,  652,  947. 
A.  J.  1469,  1627,  1713,  1744,  1786. 
A.  No.  1893  (Int.  1179).  (Same  as  S.  No.  863.) 
A.  J.  836,  1362. 

1909.  S.  No.  242  (Int.  237).  To  Sec.  of  State. 

S.  J.  119,  572,  605,  638,  641,  876. 
A.  J.  1192,  1508,  1608,  1692. 
Adopted  Nov.  2,  1909. 
Vote:  for,  279,352;  against,  216,541. 


166  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VII,  §  4 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Time  for  payment  of  state  debts 

§  4.  Except  the  debts  specified  in  sections  two  and  three  of 
this  article,  no  debts  shall  be  hereafter  contracted  by  or  [on]  in 
behalf  of  this  state,  unless  such  debt  shall  be  authorized  by  a  law, 
for  some  single  work  or  object,  to  be  distinctly  specified  therein; 
and  such  law  shall  impose  and  provide  for  the  collection  of  a 
direct  annual  tax  to  pay,  and  sufficient  to  pay,  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  prin- 
cipal of  such  debt  within  [eighteen]  thirty-five  years  from  the 
time  of  the  contracting  thereof.  No  such  law  shall  take  effect 
until  it  shall,  at  a  general  election,  have  been  submitted  to  the 
people,  and  have  received  a  majority  of  all  the  votes  cast  for  and 
against  it  at  such  election.  On  the  final  passage  of  such  bill  in 
either  house  of  the  legislature,  the  question  shall  be  taken  by 
ayes  and  noes,  to  be  duly  entered  on  the  journals  thereof,  and 
shall  be :  "  Shall  this  bill  pass,  and  ought  the  same  to  receive 
the  sanction  of  the  people  ? "  The  legislature  may  at  any  time, 
after  the  approval  of  such  law  by  the  people,  if  no  debt  shall 
have  been  contracted  in  pursuance  thereof,  repeal  the  same ;  and 
may  at  any  time,  by  law,  forbid  the  contracting  of  any  further 
debt  or  liability  under  such  law;  but  the  tax  imposed  by  such 
act,  in  proportion  to  the  debt  and  liability  which  may  have  been 
contracted,  in  pursuance  of  such  law,  shall  remain  in  force  and  be 
irrepealable,  and  be  annually  collected,  until  the  proceeds  thereof 
shall  have  made  the  provision  hereinbefore  specified  to  pay  and 
discharge  the  interest  and  principal  of  such  debt  and  liability. 
The  money  arising  from  any  loan  or  stock  creating  such  debt  or 
liability  shall  be  applied  to  the  work  or  object  specified  in  the 
act  authorizing  such  debt  or  liability,  or  for  the  repayment  of  such 
debt  or  liability,  and  for  no  other  purpose  whatever.  No  such 
law  shall  be  submitted  to  be  voted  on,  within  three  months  after 
its  passage,  or  at  any  general  election  when  any  other  law,  or  any 
bill,  or  any  amendment  to  the  constitution,  shall  be  submitted  to 
be  voted  for  or  against. 

1902.     A.  No.  1825  (Int.  1323). 
A.  J.  2344. 

§  4.  Except  the  debts  specified  in  sections  two  and  three  of 
this  article,  no  debts  shall  be  hereafter  contracted  by  or  [on]  in 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      167 

Article  VII,  $  4 

behalf  of  this  state,  unless  such  debt  shall  be  authorized  by  a  law, 
for  some  single  work  or  object,  to  be  distinctly  specified  therein; 
and  such  law  shall  impose  and  provide  for  the  collection  of  a 
direct  annual  tax  to  pay,  and  sufficient  to  pay,  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  principal 
of  such  debt  within  [eighteen]  thirty-five  years  from  the  time  of 
the  contracting  thereof.  No  such  law  shall  take  effect  until  it 
shall,  at  a  general  election,  have  been  submitted  to  the  people, 
and  have  received  a  majority  of  all  the  votes  cast  for  and  against 
it  at  such  election.  On  the  final  passage  of  such  bill  in  either 
house  of  the  legislature,  the  question  shall  be  taken  by  ayes  and 
noes,  to  be  duly  entered  on  the  journals  thereof,  and  shall  be: 
"  Shall  this  bill  pass,  and  ought  the  same  to  receive  the  sanction 
of  the  people  ?  "  The  legislature  may  at  any  time,  after  the  ap- 
proval of  such  law  by  the  people,  if  no  debt  shall  have  been  con- 
tracted in  pursuance  thereof,  repeal  the  same;  and  may  at  any 
time,  by  law,  forbid  the  contracting  of  any  further  debt  or  liability 
under  such!  law;  but  the  tax  imposed  by  such  act,  in  proportion 
to  the  debt  and  liability  which  may  have  been  contracted,  in  pur- 
suance of  such  law,  shall  remain  in  force  and  be  irrepealable,  and 
be  annually  collected,  until  the  proceeds  thereof  shall  have  made 
the  provision  hereinbefore  specified  to  pay  and  discharge  the  in- 
terest and  principal  of  such  debt  and  liability.  The  money  arising 
from  any  loan  or  stock  creating  such  debt  or  liability  shall  be 
applied  to  the  work  or  object  specified  in  the  act  authorizing 
such  debt  or  liability,  or  for  the  repayment  of  such  debt  or  lia- 
bility, and  for  no  other  purpose  whatever.  ~No  such  law  shall  be 
submitted  to  be  voted  on,  within  three  months  after  its  passage, 
or  at  any  general  election  when  any  other  law  creating  a  debtfj 
or  any  bill,  or  any  amendment  to  the  constitution,]  shall  be  sub- 
mitted to  be  voted  for  or  against. 

1902.     S.  No.  1273  (Int.  885). 
S.  J.  1468. 

2.     Time  for  paying  state  debts  —  creation  of  debt  —  when  submitted  to 
voters 

§  4.  Except  the  debts  specified  in  sections  two  and  three  of  this 
article,  no  debts  shall  be  hereafter  contracted  by  or  [on]  in  behalf 
of  this  state,  unless  such  debt  shall  be  authorized  by  a  law,  for  some 
single  work  or  object,  to  be  distinctly  specified  therein;  and  such 
law  shall  impose  and  provide  for  the  collection  of  a  direct  annual 


168  NEW  YOKE:  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VII,  §  4 

tax  to  pay,  and  sufficient  to  pay,  the  interest  on  such  debt  as  it  falls 
due,  and  also  to  pay  and  discharge  the  principal  of  such  debt 
within  [eighteen]  fifty  years  from  the  time  of  the  contracting 
thereof.  No  such  law  shall  take  effect  until  it  shall,  at  a  general 
election,  have  been  submitted  to  the  people,  and  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such  election. 
On  the  final  passage  of  such  bill  in  either  house  of  the  legislature, 
the  question  shall  be  taken  by  ayes  and  noes,  to  be  duly  entered  on 
the  journals  thereof,  and  shall  be:  "  Shall  this  bill  pass,  and  ought 
the  same  to  receive  the  sanction  of  the  people  ?  "  The  legislature 
may  at  any  time,  after  the  approval  of  such  law  by  the  people,  if 
no  debt  shall  have  been  contracted  in  pursuance  thereof,  repeal  the 
same ;  and  may  at  any  time,  by  law,  forbid  the  contracting  of  any 
further  debt  or  liability  under  such  law;  but  the  tax  imposed  by 
such  act,  in  proportion  to  the  debt  and  liability  which  may  have 
been  contracted,  in  pursuance  of  such  law,  shall  remain  in  force 
and  be  irrepealable,  and  be  annually  collected,  until  the  proceeds 
thereof  shall  have  made  the  provision  hereinbefore  specified  to  pay 
and  discharge  the  interest  and  principal  of  such  debt  and  liability. 
The  money  arising  from  any  loan  or  stock  creating  such  debt  or 
liability  shall  be.  applied  to  the  work  or  object  specified  in  the  act 
authorizing  such  debt  or  liability,  or  for  the  [repayment]  pay- 
ment of  such  debt  or  liability,  and  for  no  other  purpose  whatever. 
No  such  law  shall  be  submitted  to  be  voted  on,  within  three  months 
after  its  passage. [,  or  at  any  general  election  when  any  other  law, 
or  any  bill,  or  any  amendment  to  the  constitution,  shall  be  sub- 
mitted to  be  voted  for  or  against.] 

1903.     A.  No.  73  (Int.  73). 
A.  J.  44. 

3.    Creation  of  debt  submitted  to  taxpayers 

§  4.  Except  the  debts  specified  in  sections  two  and  three  of  this 
article,  no  debts  shall  be  hereafter  contracted  by  or  [on]  in  behalf 
of  this  state,  unless  such  debt  shall  be  authorized  by  a  law,  for 
some  single  work  or  object,  to  be  distinctly  specified  therein ;  and 
such  law  shall  impose  and  provide  for  the  collection  of  a  direct 
annual  tax  to  pay,  and  sufficient  to  pay,  the  interest  on  such  debt 
as  it  falls  due,  and  also  to  pay  and  discharge  the  principal  of  such 
debt  within  eighteen  years  from  the  time  of  the  contracting  thereof. 
No  such  law  shall  take  effect  until  it  shall,  at  a  general  election, 
have  been  submitted  to  the  [people]  electors  of  the  state  whose 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914:      169 

Article  VII,  $  4 

names  appear  upon  the  general  assessment  rolls  of  their  respective 
tax  districts,  and  have  received  a  majority  of  all  the  votes  cast  by 
such  electors  for  and  against  it  at  such  election.  On  the  final  pas- 
sage of  such  bill  in  either  house  of  the  legislature,  the  question 
shall  he  taken  by  ayes  and  noes,  to  be  duly  entered  on  the  journals 
thereof,  and  shall  be:  ".Shall  this  bill  pass,  and  ought  the  same  to 
receive  the  sanction  of  the  people  ?  "  The  legislature  may  at  any 
time,  after  the  approval  of  such  law  by  the  [people]  such  electors, 
if  no  debt  shall  have  been  contracted  in  pursuance  thereof,  repeal 
the  same ;  and  may  at  any  time,  by  law,  forbid  the  contracting  of 
any  further  debt  or  liability  under  such  law ;  but  the  tax  imposed 
by  such  act,  in  proportion  to  the  debt  and  liability  which  may  have 
been  contracted,  in  pursuance  of  such  law,  shall  remain  in  force 
and  be  irrepealable,  and  be  annually  collected,  until  the  proceeds 
thereof  shall  have  made  the  provisions  hereinbefore  specified  to 
pay  and  discharge  the  interest  and  principal  of  such  debt  and  lia- 
bility. The  money  arising  from  any  loan  or  stock  creating  such 
a  debt  or  liability  shall  be  applied  to  the  work  or  object  specified 
in  the  act  authorizing  such  debt  or  liability,  or  for  the  repayment 
of  such  debt  or  liability,  and  for  no  other  purpose  whatever.  No 
such  law  shall  be  submitted  to  be  voted  on,  within  three  months 
after  its  passage,  or  at  [any]  a  general  election  when  any  other 
law,  or  any  bill,  or  any  amendment  to  the  constitution,  shall  be 
submitted  to  be  voted  for  or  against. 

1903.     S.  No.  284  (Int.  263).     (Same  as  A.  No.  495.) 

S.  J.  104. 

A.  No.  495   (Int.  452).     (Same  as  S.  No.  284.) 
A.  J.  184. 

4.    Permitting  legislature  to  alter  tax  rate  to  provide  for  debt  authorized 
by  vote  of  people 

§  4.  (Proposal  to  add  the  following  to  section  four  as  amended 
in  1909 :)  In  case  any  annual  tax  heretofore  imposed  for  the  pay- 
ment of  a  debt  authorized  by  vote  of  the  people  under  the  constitu- 
tion will,  if  continued,  provide  for  the  payment  of  the  interest  on 
such  debt  as  it  falls  due  and  also  the  payment  of  the  principal  of 
such  debt  before  it  becomes  due,  the  legislature  may  amend  the 
law  by  reducing  the  rate  of  such  tax  provided  that  the  same  shall 
not  be  reduced  below  a  sum  sufficient  to  pay  the  interest  on  such 
debt  as  it  falls  due  and  also  the  principal  of  such  debt  when  it  be- 
comes due. 


170  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VII,  §  4 

The  supreme  court  shall  have  jurisdiction  to  direct  the  comp* 
trailer  or  any  officer  of  the  state  to  impose  a  tax  sufficient  to  comr 
ply  with  the  provisions  of  this  section  for  the  protection  of  any 
sinking  fund  of  the  state. 

1914.     S.  No.  1619  (Int.  1306). 
S.  J.  795,  1071,  1211. 

5.  Initiative  and  referendum 

(For  amendment  to  this  and  other  sections  to  provide  for  the  initiative, 
and  the  referendum,  see  p.  271.) 

6.  Initiative,  referendum  and  recall 

(For  amendment  to  this  and  other  sections  to  provide  for  the  initiative, 
the  referendum  and  the  recall  of  elective  officers,  see  p.  293.) 

§  7.  The  lands  of  the  State,  now  owned  or  hereafter  acquired, 
constituting  the  forest  preserve  as  now  fixed  by  law,  shall  be  for- 
ever kept  as  wild  forest  lands.  They  shall  not  be  leased,  sold  or 
exchanged,  or  be  taken  by  any  corporation,  public  or  private,  nor 
shall  the  timber  thereon  be  sold,  removed  or  destroyed. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  7.  The  lands  of  the  state,  now  owned  or  hereafter  acquired 
constituting  the  forest  preserve  as  now  fixed  by  law,  shall  be 
forever  kept  as  wild  forest  lands.  They  shall  not  be  leased,  sold 
or  exchanged,  or  be  taken  by  any  corporation,  public  or  private, 
nor  shall  the  timber  thereon  be  sold,  removed  or  destroyed^ 
But  the  legislature  may  by  general  laws  provide  for  the  use  of 
not  exceeding  three  per  centum  of  such  lands  for  the  construc- 
tion  and  maintenance  of  reservoirs  for  municipal  water  supply, 
for  the  canals  of  the  state  and  to  regulate  the  flow  of  streams. 
Such  reservoirs  shall  be  constructed,  owned  and  controlled  by  the 
state,  but  such  work  shall  not  be  undertaken  until  after  the 
boundaries  and  high  flow  lines  thereof  shall  have  been  accurately 
surveyed  and  fixed,  and  after  public  notice,  hearing  and  deter- 
mination  that  such  lands  are  required  for  such  public  use.  The 
expense  of  any  such  improvements  shall  be  apportioned  on  the 
public  and  private  property  and  municipalities  benefited  to  the 
extent  of  the  benefits  received.  Any  such  reservoir  shall  always 
be  operated  by  the  state  and  the  legislature  shall  provide  for  a 
charge  upon  the  property  and  municipalities  benefited  for  a  rea- 
sonable  return  to  the  state  upon  the  value  of  the  rights  and  prop- 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      171 

Article  VII,  §  7 

erty  of  the  state  used  and  the  services  of  the  state  rendered,  which 
shall  be  fixed  for  terms  of  not  exceeding  ten  years  and  be  read  just- 
able  at  the  end  of  any  term.  Unsanitary  conditions  shall  not  be 
created  or  continued  by  any  such  public  works.  A  violation  of 
any  of  the  provisions  of  this  section  may  be  restrained  at  the  suit 
of  the  people  or,  with  consent  of  the  supreme  court  in  appellate 
division,  on  notice  to  the  attorney-general  at  the  suit  of  any 
citizen. 

1911.  S.  No.  1930  (Int.  1068).  To  Sec.  of  State. 

S.  J.  673,  1186,  1320,  1639,  1792,  2133. 

A.  J.  3260,  3641,  3647,  3653. 
1913.  S.  No.  1006  (Int.  910).  To  Sec.  of  State. 

S.  J.  335,  919,  1113,  1302,  1303,  1848. 

A.  J.  2560,  3131,  3148,  3185. 
Adopted  Nov.  4,  1913. 

Vote:  for,  486,264;  against,  187,290. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  BUT  REJECTED 

1.    Lease,  exchange  and  sale  of  state  land  in  forest  preserve 

§  7.  The  lands  of  the  State,  now  owned  or  hereafter  acquired, 
constituting  the  Forest  Preserve  as  now  fixed  by  law,  shall  be  for- 
ever kept  as  wild  forest  lands.  Except  as  authorized  by  this  sec- 
tion, they  [They]  shall  not  be  leased,  sold  or  exchanged,  [or] 
to  be  taken  by  any  corporation,  public  or  private,  nor  shall  the 
timber  thereon  be  sold,  removed  or  destroyed.  The  Legislature  may 
authorize  the  leasing  for  such  term  as  it  may  by  law  fix  of  a  parcel 
of  not  more  than  five  acres  of  land  in  the  Forest  Preserve  to  any 
one  person,  for  camp  and  cottage  purposes.  The  Legislature  may 
also  authorize  the  exchange  of  lands  owned  by  the  State,  situate 
outside  the  Forest  Preserve,  for  lands  not  owned  by  the  State,  situr 
ate  within  the  Forest  Preserve.  The  Legislature  may  also  author- 
ize the  sale  of  lands  belonging  to  the  State,  situate  outside  the 
Forest  Preserve,  but  the  money  so  obtained  shall  not  be  used  except 
for  the  purchase  of  lands  situate  within  the  Forest  Preserve,  and 
which,  when  so  purchased,  shall  become  a  part  of  the  Forest 
Preserve. 

1895.  S.  No.  628  (Int.  320).  To  Sec.  of  State. 

S.  J.  207,  335,  357,  423,  475,  600,  642,  1032. 
A.  J.  1468,  2027,  '2151,  2234. 

1896.  S.  No.  970  (Int.  788).  To  Sec.  of  State. 

S.  J.  618,  1542,  1659,  1673,  2124. 
A.  J.  3499,  3741. 
Kejected  Nov.  3,  1896. 
Vote:  for,  321,486;  against,  710,505. 

PAET  II  —  7 


172          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  $    7 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Use  of  forest  preserve  for  water  storage 

§  7.  The  lands  of  the  state  now  owned  or  hereafter  acquired 
constituting  the  forest  preserve  as  now  fixed  by  law  excepting  such 
lands  as  the  legislature  shall  provide  by  law  shall  necessarily  be 
used  for  the  storage  of  water  for  public  purposes  and  the  construc- 
tion of  dams  therefor,  shall  be  forever  kept  as  wild  forest  lands. 
They  shall  not  be  leased,  'sold  or  exchanged,  or  be  taken  by  any 
corporation,  public  or  private,  nor  shall  the  timber  thereon  be  sold, 
removed  or  destroyed. 

1906.  S.  No.  1287  (Int.  942).  (Same  as  A.  No.  2255.)  To  Sec.  of  'State. 

S.  J.  1148,  1533,  1595,  1670,  1931. 
A.  J.  3010,  3189,  3202. 

A.  No.  2255  (Int.  1586).  (Same  as  S.  No.  1287.) 
A.  J.  2286. 

1907.  S.  No.  337  (Int.  308).  (Same  as  A.  Nos.  411  and  582.) 

S.  J.  140. 
A.  No.  411  (Int.  404).  (Same  as  S.  No.  337  and  A.  No.  582.) 

A.  J.  109. 
A.  No.  582  (Int.  554).  (Same  as  S.  No.  337  and  A.  No.  411.) 

A.  J.  196. 

§  7.  (Proposal  to  add  the  following:)  except  that  the  legis- 
lature may  authorize  by  law  the  use  of  such  lands  situated  out- 
side of  the  limits  of  the  Adirondack  park  and  of  the  Cat- 
skill  park,  as  such  parks  are  now  fixed  and  established  by  law, 
for  building  dams,  reservoirs  and  appurtenances,  for  the  stor- 
age of  water  outside  of  said  parks,  for  public  purposes,  after 
causing  the  removal  of  all  timber  embraced  thereby;  and  such 
dams,  reservoirs  and  appurtenances,  with  the  power  developed 
therefrom,  shall  be  owned  and  controlled  by  the  state,  and  the 
waters  and  the  use  of  the  waters,  and  the  power,  developed  there- 
from, may  be  sold  or  leased  for  value,  by  the  state,  for  the  benefit 
of  the  people  of  the  state.  A  violation  of  this  section  may  be  re- 
strained at  the  suit  of  the  people,  or  with  the  consent  of  the  su- 
preme court  on  notice  to  the  attorney-general,  at  the  suit  of  any 
citizen  of  the  state. 

1908.  S.  No.  1070  (Int.  818).  (Same  as  A.  No.  2069.)  To  A. 

S.  J.  685,  813,  880,  993. 
A.  J.  2125. 

A.  No.  2069  (Int.  1474).     (Same  as  S.  No.  1070.) 
A.  J.  1619. 

§  7.  (Proposal  to  add  the  following:)  The  provisions  of  this 
section  may  be  modified  as  provided  in  chapter of  the  laws 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      173 

Article  VII,  §    7 

of  nineteen  hundred  and  ten  as  to  the  use  of  state  lands  for  water 
storage,  but  in  no  other  respect  whatever. 

1910.     S.  No.  919  (Int.  826).    (Same  as  A.  No.  1745.) 

S.  J.  520. 

A.  No.  1745  (Int.  1330).     (Same  as  S.  No.  919.) 
A.  J.  1219. 

§  7.  (Proposal  to  add  the  following:)  But  the  legislature 
may  provide  by  general  laws  for  the  construction  and  mainte- 
nance of  reservoirs  under  state  control  on  such  lands  whenever 
the  storage  of  water  is  necessary  for  municipal  water  supply, 
for  the  canals  of  the  state  or  to  regulate  the  flow  of  streams.  No 
reservoir  shall  be  erected  under  any  such  law  until  after  the  ap- 
pellate division  of  the  supreme  court  for  the  department  in  which 
it  is  to  be  located  shall  after  a  hearing  adjudge  the  use  of  state 
land  therefor  necessary  for  the  public  welfare.  The  people  and, 
with  the  consent  of  the  court,  private  persons  may  come  in  as 
parties  to  the  proceeding  and  the  court  may  impose  such  condi- 
tions as  in  its  judgment  the  public  interest  requires.  The  judg- 
ment may  be  reviewed  by  the  court  of  appeals.  If  rights  or 
property  of  the  state  be  taken  or  used  for  any  such  improvement 
other  than  for  the  canals,  the  value  thereof  or  of  their  use  shall 
be  a  charge  upon  the  property  or  municipality  directly  benefited 
and  must  be  paid  into  the  state  treasury  in  gross  or  by  annual 
fixed  charge  as  shall  be  provided  by  law.  The  expense  of  any 
such  improvement  to  regulate  the  flow  of  streams  shall  so  far  as  it 
improves  private  property  be  borne  by  such  property  to  the  extent 
of  the  benefits  received.  Unsanitary  conditions  shall  not  be 
created  or  continued  by  any  such  reservoir.  A  violation  of  this 
section  may  be  restrained  at  the  suit  of  the  people  or  with  the 
consent  of  the  supreme  court  in  appellate  division  on  notice  to  the 
attorney- general  at  the  suit  of  a  citizen. 

1910.  A.  No.  829  (Int.  730).     To  S.    Amended,  S.  No.  1529.     To  Sec.  of 

State. 

A.  J.  404,  1271,  1473,  1507,  1627,  1780,  1857,  3250. 
S.  J.  903,  1127,  1227,  1383,  1535,  1642,  1709,  1755,  1756. 

1911.  S.  No.  796  (Int.  723).  (Same  as  A.  No.  2323.) 

S.  J.  406. 

A.  No.  2323  (Int.  1039).     (Same  as  S.  No.  796.) 
A.  J.  792,  2136,  2141. 

2.    Sale  of  lands  in  forest  preserve 

§  7.  The  lands  of  the  state,  now  owned  or  hereafter  acquired, 
constituting  the  forest  preserve  as  now  fixed  by  law,  shall  he  for- 


174          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  §  7 

ever  kept  as  wild  forest  lands,  except  as  hereinafter  provided. 
They  shall  not  be  leased,  sold  or  exchanged,  or  be  taken  by  any 
corporation,  public  or  private,  nor  shall  the  timber  thereon  be 
sold,  removed  or  destroyed.  The  legislature  may  authorize  the 
sale  of  lands  outside  of  the  limits  of  the  Adirondack  park  and  the 
Catskill  park  as  such  parks  are  now  established  ~by  law.  The  pro- 
ceeds of  such  sales  shall  "be  set  apart  in  a  separate  fund  and  used 
only  for  the  purchase  of  lands  in  such  parks. 

1907.    S.  No.  1035  (Int.  834).    To  A.    Amended,  A.  No.  2758. 
S.  J.  654,  1093,  1136,  1165. 
A.  J.  2421,  2566,  2570,  3019,  3069,  3288,  3331. 

§  7.  (Proposal  to  add  the  following :)  But  the  state  conservation 
commission  may,  with  the  approval  of  the  governor,  sell  and  con- 
vey isolated  parcels  of  land  now  owned  or  hereafter  acquired  ~by  the 
state  which  may  be  required  for  any  other  state  purpose  or  by  any 
municipality  of  the  state  for  public  use,  provided  that  such  isolated 
parcels  are  situated  wholly  outside  the  boundaries  of  the  Adiron- 
dack and  Catskill  parks  as  now  defined  by  law,  and  the  proceeds 
from  lands  so  sold  and  conveyed  shall  only  be  used  by  the  state  in 
acquiring  lands  situated  wholly  within  the  boundaries  of  said 
Adirondack  and  Catskill  parks. 

1913.     S.  No.  1451  (Int.  1261).    (Same  as  A.  No.  1052.) 

S.  J.  559. 

A.  No.  1052  (Int.  1000).     (Same  as  S.  No.  1451.)     To  S. 
A.  J.  396,  2622,  2637,  2658,  2694. 
S.  J.  1577. 

3.  Use  of  forest  preserve  lands  for  water  storage,  hydro-electric  develop- 
ment and  state  highways  —  sale  and  lease  of  lands  —  removal  of  dead 
and  down  timber 

§  7.  [The]  Except  as  in  this  section  hereinafter  provided,  the 
lands  of  the  state,  now  owned  or  hereafter  acquired  [,]  constitut- 
ing the  forest  preserve  as  now  fixed  by  law;[,J  shall  be  forever 
kept  as  wild  forest  lands.  They  shall  not  be  leased,  sold  or  ex- 
changed, or  be  taken  by  any  corporation,  public  or  private,  nor 
shall  the  timber  thereon  be  sold,  removed  or  destroyed.  The  fore- 
going provisions  of  this  section  shall  not  prevent  the  use  of  lands 
in  the  forest  preserve,  or  the  timber  thereon,  for  the  following 
purposes: 

1.  Lands  in  the  forest  preserve  may  be  used  for  the  storage  of 
water  and  the  development  of  water  power  and  the  transmission  of 
electric  current  under  state  control,  and,  for  that  purpose  the  legis- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      175 

Article  VII,  $  7 

lature  may  authorize  the  use  of  land  for  the  erection  and  main- 
tenance of  dams,,  the  impounding  of  water  and  all  other  improve- 
ments thereon  necessary  and  incidental  to  such  purposes,  provided, 
however,,  that  the  quantity  of  land  so  used  shall  never  exceed 
three  per  centum  of  the  total  area  of  the  forest  preserve. 

2.  Lands  in  the  forest  preserve  may  be  used  for  the  construction 
of  highways  by  and  at  the  expense  of  the  state. 

3.  The  forest,  fish  and  game  commissioner,  ivith  the  approval 
of  the  governor,  may  lease  for  periods  not  longer  than  ten  years 
sites  of  not  more  than  five  acres  each  for  camps  within  the  forest 
preserve. 

4.  The  forest,  fish  and  game  commissioner  may  remove  and 
dispose  of  dead  and  down  timber  in  the  forest  preserve. 

5.  The  forest,  fish  and  game  commissioner  may,  with  the  ap- 
proval of  the  governor,  sell  and  convey  lands  now  owned  or  here- 
after acquired  by  the  state,  which  are  situated  wholly  outside  the 
boundaries  of  the  Adirondack  and  Catskill  parks,  as  now  defined 
by  law,  and  the  proceeds  from  lands  so  sold  and  conveyed  shall 
only  be  used  by  the  state  in  acquiring  lands  situated   wholly 
within  the  boundaries  of  said  parks. 

1910.     S.  No.  439  (Int.  423). 
S.  J.  192. 

4.    Cutting  of  timber,  construction  of  highways  and  lease  and  sale  of  lands 
within  forest  preserve 

§  7.  The  lands  of  the  state  now  owned  or  hereafter  acquired, 
constituting  the  forest  preserve  as  now  fixed  by  law,  shall  be 
forever  kept  as  wild  forest  lands.  Except  as  authorized  by  this 
article,  they  [They]  shall  not  be  leased,  sold  or  exchanged,  or  be 
taken  by  any  corporation,  public  or  private,  nor  shall  the 
timber  thereon  be  sold,  removed  or  destroyed. 

The  foregoing  provisions  shall  not  be  construed  to  forbid  the 
cutting  of  timber,  according  to  a  system  of  scientific  forestry 
and  under  such  rules  and  regulations  as  the  commission  having 
charge  of  the  forest  preserve  may  adopt,  nor  to  forbid  the  laying 
out  of  roads  along  such  routes  as  may  be  approved  by  said  com- 
mission, or  the  control  of  the  use  of  such  roads  by  it.  But  no 
steam  railroads  shall  be  constructed  or  operated  upon  state  lands 
in  said  forest  preserve. 

The  prohibition  to  lease  herein  contained  shall  not  apply  to 
camp  sites,  but  no  camp  site  shall  exceed  two  acres  in  extent.  Not 


176          NEW  YOEK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  $     7 

more  than  two  hundred  and  fifty  feet  of  shore  line  on  any  lake 
or  river  shall  be  leased  to  any  one  lessee  nor  shall  more  than  one- 
half  of  such  shore  line  nor  more  than  one-half  of  any  island  be 
leased.  Leases  shall  not  be  made  for  a  longer  period  than  twenty 
years.  They  shall  be  sold  to  the  highest  bidder  and  shall  not 
grant  any  exclusive  hunting  or  fishing  privilege  nor  permit  the 
inclosure  of  lands  with  a  fence  nor  contain  any  restriction  of  the 
right  of  the  public  to  cross  the  premises.  Between  each  two  camp 
sites  there  shall  be  at  least  two  hundred  and  fifty  feet  of  shore 
line  which  shall  not  be  leased. 

All  funds  derived  from  the  sale  of  timber  or  other  produce  or 
from  leases  of  state  lands  shall  be  applied  to  the  purchase  of  forest 
lands  within  the  boundaries  of  the  Adirondack  park,  the  expense 
of  tree  planting  and  reforesting,  and  of  carrying  out  the  plans 
approved  hereunder  by  the  commission  having  charge  of  the  forest 
preserve. 

The  legislature  may  authorize  the  sale  of  state  lands  outside 
of  the  Adirondack  park  and  adjacent  thereto,  and  the  application 
of  the  proceeds  of  such  sale  to  the  purchase  of  lands  within  the 
Adirondack  park. 

Laws  shall  be  made  to  provide  for  the  carrying  into  effect  of  this 
section. 

1902.     A.  No.  1276  (Int.  574). 

A.  J.  329,  1046,  1175,  1306,  1470. 

5.     Sale  of  lands  and  removal  of  dead  timber  in  forest  preserve 

§  7.  The  lands  of  the  state,  now  owned  or  hereafter  acquired, 
constituting  the  forest  preserve  as  now  fixed  by  law,  shall  be  for- 
ever kept  as  wild  forest  lands,  except  as  hereinafter  provided. 
They  shall  not  be  leased,  sold  or  exchanged,  or  be  taken  by  any 
corporation,  public  or  private,  nor  shall  the  timber  thereon  be 
sold,  removed  or  destroyed.  The  legislature  may  authorize  the 
removal  of  dead  timber  on  burned  areas  so  far  as  necessary  for 
reforestration,  through  officers  and  employees  of  the  state,  but 
not  by  contract.  The  legislature  may  also  authorize  the  sale  of 
lands  outside  of  the  limits  of  the  Adirondack  park  and  the  Cats- 
kill  park  as  such  parks  are  now  established  by  law.  The  pro- 
ceeds of  such  sales  shall  be  set  apart  in  a  separate  fund  and  used 
only  for  the  purchase  of  lands  in  such  parks.  A  violation  of  this 
section  may  be  restrained  at  the  suit  of  the  people  or  with  the  con- 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      177 

Article  VII,  §  7 

sent  of  the  supreme  court  on  notice  to  the  attorney-general  at  the 
suit  of  any  citizen  of  the  state. 

1904.     S.  No.  1013  (Int.  783).    To  Sec.  of  State. 
S.  J.  718,  797,  879,  906,  1054,  1691. 
A.  J.  2419,  2483. 

6.  Sale,  lease  or  exchange  of  lauds  in  and  cutting  of  timber  on  forest 

preserve  in  Lewis  county 

§  7.  Except  as  provided  in  this  section,  the  [The]1  lands  of 
the  state,  now  owned  or  hereafter  acquired,  constituting  the  forest 
preserve  as  now  fixed  by  law,  shall  be  forever  kept  as  wild  forest 
lands.  Except  as  provided  in  this  section,,  they  [They]  shall  not 
be  leased,  sold  or  exchanged,  or  be  taken  by  any  corporation,  pub- 
lic or  private,  nor  shall  the  timber  thereon  be  sold,  removed  or 
destroyed.  The  legislature  may  provide  by  law  for  the  sale,  lease 
or  exchange  of  lands  in  the  county  of  Lewis,  constituting  a  part 
of  the  forest  preserve,  or  may  authorize  the  cutting  and  removal 
of  timber  thereon  to  an  extent  which  will  not  impair  their  char- 
acter as  wild  forest  lands. 

1901.  A.  No.  755  (Int.  680). 

A.  J.  389,  921,  969,  1018. 

7.  Sale  and  removal  of  soft  woods  and  building  of  roads  in  forest  preserve 

§  7.  The  lands  of  the  state,  now  owned  or  hereafter  acquired, 
constituting  the  forest  preserve  as  now  fixed  by  law,  shall  be 
forever  kept  as  wild  forest  lands.  Except  as  authorized  by  this 
article,  they  [They]  shall  not  be  leased,  sold  or  exchanged,  or  be 
taken  by  any  corporation,  public  or  private,  nor  shall  the  timber 
thereon  be  sold,  removed  or  destroyed.  The  legislature  may 
authorize  the  sale  and  removal  of  hemlock,  spruce,  pine,  bal- 
sam or  other  soft  woods  if  more  than  ten  inches  in  diameter 
three  feet  from  the  ground.  The  proceeds  of  such  sales  shall 
be  set  apart  in  a  separate  fund  known  as  the  forest  preserve  fund, 
and  shall  be  used  only  to  care  for  and  extend  the  forest  of  the  state 
in  the  forest  preserve.  Roads  may  be  built  in  the  forest  preserve, 
but  franchises  shall  not  be  granted  for  railroads  or  street  surface 
railroads  upon  or  across  any  part  of  the  forest  preserve,  nor  shall 
such  railroads  be  maintained. 

1902.  S.  No.  1163  (Int.  159).  To  A.  Recalled  to  S. 

S.  J.  54,  436,  686,  741,  846,  848,  985,  1006,  1019,  1220,  1419. 
A.  J.  1489,  1746. 


178  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VII,  §  7 

8.  Removal  of  dead,  burned  or  fallen  timber  in  forest  preserve 

§  7.  The  lands  of  the  state,,  now  owned  or  hereafter  acquired, 
constituting  the  forest  preserve  as  now  fixed  by  law,  shall  be  for- 
ever kept  as  wild  forest  lands.  They  shall  not  be  leased,  sold 
or  exchanged,  or  be  taken  by  any  corporation,  public  or  private, 
nor,  except  as  provided  herein,  shall  the  timber  thereon  be  sold, 
removed  or  destroyed.  The  legislature,  however,  may  provide 
for  the  removal  and  sale  of  fallen,  dead  and  burned  timber  on 
lands  constituting  the  forest  preserve,  under  the  supervision  of 
the  forest,  fish  and  game  commission. 

1909.     A.  No.  1617  (Int.  637).    To  S.    Amended,  S.  No.  1546.     To  Sec.  of 

State. 

A.  J.  360,  898,  980,  1014,  1161,  1245,  2622,  2738. 
S.  J.  689,  988,  1155,  1252,  1407,  1436,  1557,  1561,  1571. 

9.  Exception  of  certain  parts  of  forest  preserve  from  preservation  as  wild 

forest  lands  —  removal  of  dead,  burned  and  fallen  timber 

§  7.  The  lands  of  the  state,  now  owned  or  hereafter  acquired, 
constituting  the  forest  preserve  as  now  fixed  by  law,  excepting 
isolated  tracts  of  lands  within  the  counties  containing  any  portion 
of  the  Adirondack  park  and  not  included  ivithin  the  limits  of  such 
park  as  now  constituted,  shall  be  forever  kept  as  wild  forest  lands. 
They  shall  not  be  leased,  sold  or  exchanged,  or  be  taken  by  any 
corporation,  public  or  private,  nor  shall  the  timber  [thereon]  on 
any  such  lands  be  sold,  removed  or  destroyed,  except  that  dead, 
burned  or  fallen  timber  on  such  lands  may  be  sold  and  removed 
in  the  manner  prescribed  by  the  legislature. 

A.  No.  113  (Int.  113). 
A.  J.  65. 

10.  Use  of  St.  Lawrence  river  and  forest  preserve  for  water  storage  and 

power  development 

§  7.  (Proposal  to  add  the  following:)  But  this  section  shall 
not  prevent  the  use  of  the  waters  of  the  Saint  Lawrence 
river  for  canals,  municipal  purposes  and  hydraulic  develop- 
ments on,,  over  or  through  such  lands  by  the  state,  or  under  priv- 
ileges granted  in  accordance  with  this  constitution;  and  the  legis- 
lature may  provide  by  general  laws  for  the  construction  and  main- 
tenance of  reservoirs  by  the  state,  on  so  much  of  such  lands  as  may 
be  necessary,  whenever  the  storage  of  water  is  necessary  for 
municipal  water  supply,  for  the  canals  of  the  state,  or  to  regulate 
the  flow  of  streams.  No  reservoir  shall  be  erected  under  any  such 
law  until  after  public  notice,  hearing  and  determination  in  the 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      179 

Article  VII,  §  7 

manner  to  be  provided  by  law,  by  which  it  shall  appear  that  such 
lands  are  required  for  such  public  use.  Where  property  of  the 
state  is  used  for  such  reservoirs,  the  value  of  its  use  shall  be  a 
charge  upon  any  private  property  or  municipality  directly  bene- 
fited, and  in  proportion  to  the  benefits  received  as  nearly  as  same 
can  be  ascertained.  Such  value  shall  be  paid  into  the  state  treas- 
ury in  annual  returns  and  be  readjustable  at  the  end  of  every  ten- 
year  period  at  the  instance  of  the  state,  or  of  the  owners  of  the 
property  or  municipality  benefited.  '  Any  violation  of  the  prohibi- 
tions of  this  section  may  be  restrained  at  the  suit  of  the  people,  or 
with  consent  of  the  supreme  court  in  appellate  division,  on  notice 
to  the  attorney-general,  at  the  suit  of  a  citizen. 

1911.  A.  No.  1725  (Int.  1479). 

A.  J.  1358. 

11.  Use  of  forest  preserve  for  conservation  and  utilization  of  water 

§  7.  (Proposal  to  add  the  following:)  Such  lands  may,  how- 
ever, be  used  by  the  state  for  the  development  of  sources,  conserva- 
tion or  utilization  of  water  or  regulation  of  its  flow. 

1912.  A.  No.  561  (Int.  538). 

A.  J.  166. 

1913.  A.  No.  703  (Int.  677).  (Same  as  A.  No.  1313.) 

A.  J.  228. 

A.  No.  1313  (Int.  1214).  (Same  as  A.  No.  703.) 
A.  J.  562. 

12.  Use  of  forest  preserve  for  water  storage  or  forestation 

§  7.  (Proposal  to  add  the  following:)  Such  lands  may,  how- 
ever be  used  by  the  state  for  the  construction  and  maintenance  of 
•water  storage  reservoirs  for  the  development  or  conservation  or 
utilization  of  water  or  regulation  of  its  flow,  or  for  the  purposes 
of  forestation. 

1912.     S.  No.  1271  (Int.  344). 
S.  J.  92,  661. 

13.  Use  of  forest  preserve  lands  for  erection  of  state  tuberculosis  sani- 

tarium 

§  7.  Except  as  herein  provided,  the  [The]  lands  of  the  state 
now  owned  or  hereafter  acquired  constituting  the  forest  preserve, 
as  now  fixed  hy  law,  shall  be  forever  kept  as  wild  forest  lands. 
They  shall  not  be  leased,  sold  or  exchanged,  or  [be]  taken  by  any 
corporation,  public  or  private,  nor  shall  the  timber  thereon  be  sold, 
removed  or  destroyed.  The  legislature  may  set  apart  a  tract  of 


180  NEW  YOBK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VII,  §  7a 

land  of  the  state  not  to  exceed  in  area  one  thousand  acres  for  the 
erection  and  maintenance  thereon  of  a  state  hospital  or  sanitarium 
for  the  treatment  and  care  of  persons  afflicted  with  pulmonary 
tuberculosis. 

1911.     A.  No.  338  (Int.  337). 
A.  J.  160; 

14.  Restriction  on  disposal  of  water  and  water  rights 

§  7-a.  (Proposal  to  add  the  following  new  section:)  The  people 
of  this  state  in  their  right  of  sovereignty  do  possess  the  original 
and  ultimate  property  of  the  waters  in  and  to  all  rivers,  lakes, 
streams  and  tributaries  within  the  state  of  New  York,  and  it  shall 
remain  the  property  of  the  state  and  under  its  management  forever. 

§  2.  The  state  shall  not  lease  or  otherwise  dispose  of  the  waters 
of  any  river,  lake,  stream  or  tributary  for  water  power  for  a  period 
of  more  than  ten  years,  except  that  the  state  may  lease,  contract 
or  otherwise  dispose  of  the  waters  of  the  rivers,  lakes,  streams  and 
tributaries  for  the  purpose  of  supplying  water  to  the  inhabitants  of 
the  state  of  New  York. 

1909.     A.  No.  418  (Int.  404). 
A.  J.  224. 

15.  Removal  of  mature,  dead  or  fallen  timber  —  lease  of  camp  sites  —  con- 

struction of  roads  or  trails  —  sale  of  lands  outside  Adirondack  or 
Catskill  parks 

§  7-a.  (Proposal  to  add  the  following  new  section:)  The  prohi- 
bition of  section  seven  shall  not  prevent  the  cutting  or  removal  of 
mature,  dead  or  fallen  timber  or  trees  detrimental  to  forest  growth, 
on  lands  constituting  the  forest  preserve,  nor  the  leasing  of  camp 
sites  and  the  construction  of  roads  and  trails  necessary  for  protec- 
tion against  fire,  and  for  ingress  and  egress.  The  legislature  may 
authorize  the  sale  of  lands  outside  the  limits  of  the  Adirondack 
park  and  the  Catskill  park  as  such  parks  are  now  established  by 
law.  The  proceeds  of  such  sales  of  lands  shall  be  set  apart  in  a 
separate  fund  and  used  only  for  the  purchase  of  lands  or  for  re- 
forestation in  such  parks. 

1913.     A.  No.  2765  (Int.  1425).     (Substituted  for  S.  No.  2455.)     To  Sec. 

of  State. 

A.  J.  724,  2801,  2811,  3069,  3224,  3605. 
S.  J.  1979,  2012,  2013. 

S.  No.  2455  (Int.  1814).  (A.  No.  2765  substituted.) 
S.  J.  1738,  1855,  1979. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      181 

Article  VII,  §  8 

16.    Lease  of  camp  sites  in  forest  preserve 

§  7-a.  (Proposal  to  add  the  following  new  section:)  The  leg- 
islature may  authorize  the  leasing  of  lots  containing  not  more  than 
two  acres  of  land  in  the  forest  preserve  for  camp  and  cottage  pur- 
poses, but  such  leases  shall  not  be  for  more  than  twenty  years,  shall 
be  let  to  the  highest  bidder  therefor  at  the  capitol,  and  the  rents 
shall  be  available  only  for  the  care  and  extension  of  the  forest  pre- 
serve. 

1902.     S.  No.  389  (Int.  333). 
S.  J.  165. 

§  8.  The  Legislature  shall  not  sell,  lease  or  otherwise  dispose  of 
the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal,  the  Cayuga 
and  Seneca  canal,  or  the  Black  river  canal ;  but  they  shall  remain 
the  property  of  the  state  and  under  its  management  forever.  The 
prohibition  of  lease,  sale  or  other  disposition  herein  contained, 
shall  not  apply  to  the  canal  known  as  the  Main  and  Hamburg 
street  canal,  situated  in  the  city  of  Buffalo,  and  which  extends 
easterly  from  the  westerly  line  of  Main  street  to  the  westerly  line 
of  Hamburg  street.  All  funds  that  may  be  derived  from  any 
lease,  sale  or  other  disposition  of  any  canal  shall  be  applied  to 
the  improvement,  superintendence  or  repair  of  the  remaining  por- 
tion of  the  canals. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  BUT  REJECTED 
1.     Prohibiting  sale  of  canals,  docks,  terminals,  etc. 

§  8.  The  legislature  shall  not  sell,  lease  or  otherwise  dispose  of 
the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal,  the  Cayuga 
and  Seneca  canal,  [or]  the  Black  River  canal[;]  or  any  part  of 
said  canals,  or  any  lands,  slips,  docks,  or  other  structures,  basins, 
harbors,  or  terminals  connected  with  and  appurtenant  to  said 
canals  hereafter  provided,  acquired  or  constructed  by  the  state  to 
aid  commerce  upon  said  canals,  or  upon  tide  waters,  lakes,  or  canal- 
ized waterways,  including  all  that  portion  of  the  Erie  canal  in  the 
city  of  Buffalo  from  the  guard  lock  therein  to  and  including  Com- 
mercial slip  and  the  slips  leading  from  the  canal  to  the  Erie  basin, 
but  they  shall  remain  the  property  of  the  state  and  under  its  man- 
agement forever.  The  word  "  canal,"  as  used  herein,  includes 
slips,  harbors  and  the  canals  as  constructed  and  improved  under 
and  pursuant  to  chapter  one  hundred  and  forty-seven  of  the  laws 
of  nineteen  hundred  and  three,  as  heretofore  amended,  and  under 


182          NEW  YOEK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  §  8 

and  pursuant  to  chapter  three  hundred  and  ninety-one  of  the  laws 
of  nineteen  hundred  and  nine.  No  part  of  any  of  the  said  canals 
nor  of  said  lands,  slips,  docks,  or  other  structures,  basins,  harbors 
or  terminals,  shall  be  abandoned,  until  the  same  shall  have  ceased 
to  be  a  portion  thereof  and  shall  have  been  declared  abandoned  by 
an  act  of  the  legislature,  based  upon  a  certificate  of  the  canal  board, 
that  it  is  no  longer  a  portion  thereof.  All  funds  that  may  be  de- 
rived from  any  lease,  sale  or  other  disposition  of  any  canal  not 
above  mentioned,  or  of  any  part  of  the  canals,  lands,  slips,  docks,  or 
other  structures,  basins,  harbors  or  terminals,  which  shall  have 
ceased  to  be  a  portion  thereof  and  declared  abandoned,  as  above 
provided,  shall  be  applied  to  the  improvement,  superintendence  or 
repair  of  the  remaining  canals.  [The  prohibition  of  lease,  sale 
or  other  disposition  herein  contained,  shall  not  apply  to  the  canal 
known  as  the  Main  and  Hamburg  street  canal,  situated  in  the  city 
of  Buffalo,  and  which  extends  easterly  from  the  westerly  line  of 
Main  street  to  the  westerly  line  of  Hamburg  street.  All  funds 
that  may  be  derived  from  any  such*  lease,  sale  or  other  disposi- 
tion of  any  canal  shall  be  applied  to  the  improvement,  superin- 
tendence or  repair  of  the  remaining  portions  of  the  canals.] 

1910.  S.  No.  1567  (Int.  1128).     To  A.     Amended,  A.  No.  2669.     To  'Sec. 

of  State. 

S.  J.  1211,  1290,  1468,  1554,  1643,  1975,  2017,  2018. 
A.  J.  3187,  3267,  3276,  3605,  3612,  3630,  3681,  3682. 

1911.  S.  No.  190  (Int.  186).  To  Sec.  of  State. 

S.  J.  77,  1299,  1754,  1892,  2428. 
A.  J.  3361,  3928,  3934,  3969. 
Kejected  Nov.  7,  1911. 
Vote:  for,  282,893;  against,  324,465. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Disposal  of  canals  to  United  States 

§  8.  The  legislature  shall  not  sell,  lease  or  otherwise  dispose  of 
the  Erie  canal,  the  Oswego  canal,  the  'Champlain  canal,  the  Cayuga 
and  Seneca  canal,  or  the  Black  River  canal ;  but  they  shall  remain 
the  property  of  the  State  and  under  its  management  forever.  The 
prohibition  of  lease,  sale  or  other  disposition  herein  contained,  shall 
not  apply  to  the  canal  known  as  the  Main  and  Hamburg  Street 
canal,  situated  in  the  city  of  Buffalo,  and  which  extends  easterly 
from  the  westerly  line  of  Main  street  to  the  westerly  line  of  Ham- 
burg street;  nor  shall  such  prohibition  apply  to  the  sale,  lease  or 
other  disposition  of  said  canals,  or  either  of  them  to  the  United 


*  Word  ' '  such  ' '  not  in  original  constitution. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      183 

Article  VII,  §  8 

States  upon  such  terms  as  may  be  mutually  agreed  upon,  and  upon 
the  express  condition  that  the  United  States  shall  improve,  main- 
tain and  operate  the  same  as  a  free  public  waterway,  and,  in  case 
of  failure  by  the  United  States  so  to  do,  that  the  said  canals,  or 
either  of  them,  together  with  all  improvements  made  thereon,  shall 
revert  to  and  again  become  the  property  of  the  state  of  New  York. 
All  funds  that  may  be  derived  from  any  lease,  sale  or  other  dis- 
position of  any  canal  shall  be  applied  to  the  improvement,  super- 
intendence or  repair  of  the  remaining  portion  of  the  canals. 

1898.     S.  No.  913  (Int.  111).     (Same  as  A.  No.  1848.) 

S.  J.  62,  174,  664,  939,  1010,  1011,  1017,  1078,  1194,  1240. 
A.  No.  1848  (Int.  304).     (Same  as  S.  No.  913.) 
A.  J.  120,  2042,  2252. 

1900.  A.  No.  1796  (Int.  1391). 

A.  J.  1420. 

2.  Sale  or  other  disposition  of  canals 

§  8.  i[The  legislature  shall  not  sell,  lease  or  otherwise  dispose 
of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal,  the 
Cayuga  and  Seneca  canal,  or  the  Black  river  canal ;  but  they  shall 
remain  the  property  of  the  state  and  under  its  management  for- 
ever. The  prohibition  of  lease,  sale  or  other  disposition  herein 
contained,  shall  not  apply  to  the  canal  known  as  the  Main  and 
Hamburg  street  canal,  situated  in  the  city  of  Buffalo,  and  which 
extends  easterly  from  the  westerly  line  of  Main  street  to  the 
westerly  line  of  Hamburg  street.  All  funds  that  may  be  derived 
from  any  lease,  sale  or  other  disposition  of  any  canal  shall  be 
applied  to  the  improvement,  superintendence  or  repair  of  the 
remaining  portion  of  the  canals.]  The  legislature  may  provide 
by  law  for  the  sale  or  other  disposition  of  the  Erie  canal,  the 
Oswego  canal,  the  Champlain  canal,  the  Cayuga  and  Seneca  canal 
and  the  Black  river  canal,  and  of  all  the  rights,  easements, 
appurtenances  and  other  property  belonging  to  the  stale,  connected 
with  the  use  of  such  canals. 

1901.  A.  No.  50  (Int.  50). 

A.  J.  69. 

3.  Abandonment  of  canals  and  construction  of  railroad  along  beds  or  banks 

§  8.  (Proposal  to  add  the  following:)  But  nothing  contained  in 
this  section  shall  prohibit  the  abandonment  of  the  Erie  canal,  and 
th  e  construction  by  the  state  of  a  steam  surface  railroad,  along  the 
banks  and  in  the  bed  of  such  canal.  The  legislature  shall  provide 
by  law  for  the  construction  of  such  railroad,  consisting  of  not 


184          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  §  8 


less  than  four  tracks,  and  for  the  lease  thereof  to  the  person  or 
corporation  who  shall  agree  to  transport  freight  at  the  lowest  rate 
for  each  ton  or  for  each  one  hundred  pounds  from  the  city  of 
Buffalo  to  the  city  of  New  York  and  to  and  from  the  intermediate 
points  along  such  railroad. 

1903.     A.  No.  363  (Int.  351). 

A.  J.  133. 

(For  the  remainder  of  this  resolution,  see  proposed  amendments  to  $$  9 
and  10  of  this  article,  p.  190.) 

§  8.  [The  legislature  shall  not  sell,  lease  or  otherwise  dispose 
of  the  Erie  canal,  the  Oswego  canal,  the  Champlaiii  canal,  the 
Cayuga  and  Seneca  canal,  or  the  Black  River  canal ;  but  they  shall 
remain  the  property  of  the  state  and  under  its  management  for- 
ever. The  prohibition  of  lease,  sale  or  other  disposition  herein 
contained,  shall  not  apply  to  the  canal  known  as  the  Main  and 
Hamburg  street  canal,  situated  in  the  city  of  Buffalo,  and  which 
extends  easterly  from  the  westerly  line  of  Main  street  to  the 
westerly  line  of  Hamburg  street.  All  funds  that  may  be  derived 
from  any  lease,  sale  or  other  disposition  of  any  canal  shall  be 
applied  to  the  improvement,  superintendence  or  repair  of  the 
remaining  portions  of  the  canals.]'  The  legislature  is  hereby 
authorized  to  abandon  the  canals  for  the  purposes  of  water  naviga- 
tion and  to  provide  for  the  construction  of  one  or  more  railway 
tracks  at  state  expense,  exclusively  for  freight,  upon  or  sub- 
stantially along  the  bed  of  such  canals,  to  be  equipped,  main- 
tained and  operated  or  leased  under  such  regulations  as  the  legis- 
lature may  provide. 

1902.     A.  No. (Int. ). 

A.  J.  2936.* 

§  8.  [The  legislature  shall  not  sell,  lease  or  otherwise  dispose 
of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal,  the 
Cayuga  and  Seneca  canal,  or  the  Black  river  canal ;  but  they  shall 
remain  the  property  of  the  state  and  under  its  management  for- 
ever. The  prohibition  of  lease,  sale  or  other  disposition  herein 
contained,  shall  not  apply  to  the  canal  known  as  the  Main  and 
Hamburg  street  canal,  situated  in  the  city  of  Buffalo,  and  which 
extends  easterly  from  the  westerly  line  of  Main  street  to  the 
westerly  line  of  Hamburg  street.  All  funds  that  may  be  derived 
from  any  lease,  sale  or  other  disposition  of  any  canal  shall  be 

*  This  proposed  amendment  was  apparently  never  printed. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      185 

Article  VII,  §  8 


applied  to  the  improvement,  superintendence  or  repair  of  the 
remaining  portion  of  the  canals.]  The  legislature  may  declare 
abandoned  sucli  portion  or  portions  of  the  canals  as  it  deems 
advisable,  and  may  provide  for  the  construction,  equipment  and 
operation  of  a  railroad  for  the  transportation  of  freight  upon  the 
route  of  any  canal  or  portion  thereof  so  abandoned.  Such  railroad 
may  be  constructed  and  operated  by  the  state,  or  the  legislature 
may  grant  the  privilege  of  constructing  and  operating  such  rail- 
road to  any  person  or  corporation,  subject  to  such  restrictions  as 
the  legislature  may  determine,  or  the  legislature  may  provide  that 
such  railroad  shall  be  constructed  by  the  state  and  may  lease  the 
privilege  of  equipping  and  operating  such  railroad  to  any  person 
or  corporation,  subject  to  like  restrictions. 

1905.  S.  No.  930  (Int.  731). 

S.  J.  566. 

4.    Disposition  of  Black  river  canal  north  of  Boonville 

§  8.  The  legislature  shall  not  sell,  lease  or  otherwise  dispose  of 
the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal,  the  Cayuga 
and  Seneca  canal,  or  that  portion  of  the  Black  river  canal  south 
of  the  northern  boundary  line  of  the  village  of  Boonville;  but 
they  shall  remain  the  property  of  the  state  and  under  its  manage- 
ment forever.  The  prohibition  of  lease,  sale  or  other  disposition 
herein  contained,  shall  not  apply  to  the  canal  known  as  the  Main 
and  Hamburg  street  canal,  situated  in  the  city  of  Buffalo,  and 
which  extends  easterly  from  the  westerly  line  of  Main  street  to 
the  westerly  line  of  Hamburg  street,  nor  to  that  portion  of  the 
Black  river  canal  north  of  the  northern  boundary  line  of  the  village 
of  Boonville.  The  canal  board  may,  in  its  discretion,  declare 
abandoned  such  portion  or  portions  of  the  said  Black  river  canal, 
north  of  the  northern  boundary  line  of  the  village  of  Boonville, 
as  it  may  deem  advisable.  All  funds  that  may  be  derived  from 
any  lease,  sale  or  other  disposition  of  any  canal  shall  be  applied  to 
the  improvement,  superintendence  or  repair  of  the  remaining 
portion  of  the  canals. 

1906.  S.  No.  561  (Int.  493).     (Same  as  A.  No.  1027.) 

S.  J.  282. 
A.  No.  1027  (Int.  862).     (Same  as  S.  No.  561.) 

§  8.  The  legislature  shall  not  sell,  lease  or  otherwise  dispose 
of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal,  the 
Cayuga  and  Seneca  canal,  or  that  portion  of  the  Black  River  canal 


186          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  §  8 

south  of  the  northern  boundary  line  of  the  village  of  Boonville 
as  the  same  is  now  constituted;  but  they  shall  remain  the  property 
of  the  state  and  under  its  management  forever.  The  prohibition 
of  lease,  sale  or  other  disposition  herein  contained,  shall  not  apply 
to  the  canal  known  as  the  Main  and  Hamburg  street  canal,  situ- 
ated in  the  city  of  Buffalo,  and  which  extends  easterly  from  the 
westerly  line  of  Main  street  to  the  westerly  line  of  Hamburg 
street,  nor  to  that  portion  of  the  Black  River  canal  north  of  the 
northern  boundary  line  of  the  village  of  Boonville.  The  canal 
board  may,  in  its  discretion,  declare  abandoned  such  portion  or 
portions  of  the  Black  River  canal  north  of  the  northern  boundary 
line  of  the  village  of  Boonville,  as  it  may  deem  advisable.  All 
funds  that  may  be  derived  from  any  lease,  sale  or  other  disposition 
of  any  canal  shall  be  applied  to  the  improvement,  superintendence 
or  repair  of  the  remaining  portions  of  the  canals. 

1907.     A.  No.  1430   (Int.  1185). 
A.  J.  826. 

5.    Grants  of  surplus  waters  of  canals  and  navigable  waters  and  lands 
thereunder 

§  8.  (Proposal  to  add  the  following:)  Privileges  to  use  the 
surplus  waters  of  the  canals  and  canalized  streams  forming  part 
of  the  canal  system,  including  state  right  of  diversion,  but  subject 
to  the  needs  of  navigation  together  with  lands  acquired  by  the 
state  for  utilizing  its  surplus  waters,  may  be  granted,  but  only 
under  general  laws,  and  for  terms  not  exceeding  fifty  years  from 
the  date  of  the  grant.  Payment  into  the  state  treasury  of  an  an- 
nual return  for  the  value  of  such  use  shall  be  required  and  shall 
be  readjustable  at  the  end  of  every  ten-year  period  at  the  instance 
of  the  state  or  the  user. 

Privileges  to  use  for  hydraulic  power  the  waters  of  navigable 
natural  streams,  including  the  Saint  Lawrence  river,  but  exclud- 
ing other  waters  on  state  lands  within  the  forest  preserve,  may  be 
granted  but  only  under  general  laws,  and  for  terms  not  exceeding 
fifty  years  from  the  date  of  the  grant,  and,  subject  to  the  jurisdic- 
tion of  congress,  provision  for  navigation  in  such  waters  shall  be 
such  as  the  legislature  may  impose,  and  a  separate  annual  tax  for 
general  state  purposes  shall  be  imposed  upon  such  privileges  ac- 
cording to  valuations  made  by  a  board  of  state  officers,  and  such 
privileges  shall  be  exempt  from  all  other  taxation. 

No  tax  or  'assessment  shall  be  levied  on  lands  under  natural 
waters  or  streams,  tidal  or  fresh,  which  lie  below  the  ordinary  high 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      187 

Article  VII,  §  8 


water  mark  of  such  waters  and  below  the  head  of  the  navigable 
limits  thereof,  as  private  property;  and  no  grant  conveying  title 
of  the  state  to  such  lands  under  water  shall  hereafter  be  made. 
No  presumption  of  a  grant  of  title  or  of  any  right  to  use  for  pri- 
vate purposes  public  lands  or  lands  under  waters  in  which  any 
right  of  public  user  exists,  shall  arise  from  any  prior  private  use 
thereof.  No  sale  or  other  transfer  of  a  privilege  granted  to  any 
person  or  corporation  to  use  such  public  waters  or  lands  there- 
under shall  be  made  except  with  the  approval  of  the  authorities 
empowered  under  general  laws  to  make  grants  of  such  privileges. 
Except  as  limited  in  this  constitution,  the  state  may  use  any  pub- 
lic lands  and  waters  for  producing  electric  light,  heat  and  power 
for  state  use  or  for  sale  to  municipalities  for  their  use,  or  for  dis- 
tribution and  sale  by  them;  and  provisions  shall  be  made  by  law 
for  acquiring  private  lands  necessary  for  the  utilization  of  public 
lands  and  waters  for  that  purpose. 

The  legislature  may  provide  by  general  laws  for  the  construc- 
tion and  maintenance  of  reservoirs  for  municipal  water  supply, 
for  the  canals  of  the  state,  and  to  regulate  the  flow  of  streams. 
Such  reservoirs  shall  be  constructed,  owned  and  controlled  by  the 
state,  but  such  work  shall  not  be  undertaken  until  after  public 
notice,  hearing  and  determination  that  such  works  are  required 
for  public  benefit.  The  expense  of  any  such  improvement  shall 
be  apportioned  on  the  public  and  private  property  and  municipal- 
ities benefited  to  the  extent  of  the  benefits  received.  Any  such 
reservoirs  shall  be  operated  by  the  state,  and  the  legislature  shall 
provide  for  a  charge  upon  the  property  and  municipalities  bene- 
fited for  a  reasonable  return  to  the  state  upon  the  value  of  the 
rights  and  property  of  the  state  used  and  services  of  the  state  ren- 
dered, which  shall  be  fixed  for  terms  not  exceeding  ten  years  and 
be  readjustable  at  the  end  of  any  term. 

1911.     S.  No.  1712  (Int.  1405). 
S.  J.  1205,  1536. 

§  8.  (Proposal  to  add  the  following:)  Privileges  to  use  the  sur- 
plus waters  of  the  canals  and  canalized  streams  forming  part  of 
the  canal  system  including  state  rights  of  diversion,  but  subject 
to  the  needs  of  navigation,  may  be  granted  but  only  under  author- 
ity of  general  laws  and  after  public  notice  and  hearing  thereunder 
and  for  terms  not  exceeding  fifty  years  from  the  date  of  the  grant. 
Payment  into  the  state  treasury  of  an  annual  return  for  the  value 


188          NEW  YOKK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  §  8 

of  such  use  shall  be  required  and  shall  be  readjustable  at  the  end 
of  every  ten-year  period  at  the  instance  of  the  state  or  the  user. 
Private  lands  necessary  for  utilizing  such  surplus  waters  may  be 
acquired  by  the  state  and,  when  so  required,  privileges  to  use  such 
lands  may  be  granted  together  with  privileges  to  use  such  waters 
but  by  the  authority  and  under  the  conditions  herein  prescribed. 
Privileges  to  impound  or  divert  the  waters  of  navigable  natural 
streams  including  the  Saint  Lawrence  river  but  excluding  other 
waters  on  state  lands  within  the  forest  preserve,  may  be  granted 
but  only  under  authority  of  general  laws  and  after  public  notice 
and  hearing  thereunder  and  for  terms  not  exceeding  fifty  years 
from  the  date  of  the  grant  and  provision  for  navigation  shall,  sub- 
ject to  the  jurisdiction  of  congress,  be  such  as  the  legislature  may 
impose  and  a  separate  annual  tax  for  general  state  purposes  shall 
be  imposed  upon  such  privileges  and  provision  shall  be  made  for 
the  valuing  thereof  by  a  board  of  state  officers  and  a  privilege  so 
granted  shall  be  exempt  from  all  other  taxation.  No  waters  re- 
ferred to  in  this  section  shall,  except  to  the  extent  authorized 
under  unexpired  or  irrevocable  grants,  if  any,  heretofore  law- 
fully made,  be  drawn,  impounded  or  diverted  for  private  use  un- 
less hereafter  authorized  by  grants  made  as  herein  prescribed. 
No  tax  or  assessment  shall  be  levied  on  lands  under  natural  waters 
or  streams  which  lie  below  the  ordinary  high  water  mark  thereof 
and  below  the  head  of  the  navigable  limits  thereof,  as  private 
property.  No  grant  conveying  title  of  the  state  to  such  lands  under 
water,  tidal  or  fresh,  shall  hereafter  be  made.  No  presumption 
of  a  grant  of  title  or  of  any  right  to  use  for  private  purposes  public 
lands  or  lands  under  waters  in  which  any  right  of  public  user 
exists,  shall  arise  from  any  prior  private  use  thereof  and  no  sale 
or  other  transfer  of  a  privilege  granted  to  any  person  or  corpora- 
tion to  use  such  public  waters  or  lands  thereunder  shall  be  made 
except  with  the  approval  of  the  authorities  empowered  under  gen- 
eral laws  to  make  grants  of  such  privileges.  Except  as  limited  in 
this  constitution,  the  state  may  use  any  public  lands  and  waters 
for  producing  electric  light,  heat  and  power  for  state  use  or  for 
sale  to  municipalities  for  their  use  or  for  distribution  and  sale 
by  them  and  the  state  may  acquire  private  lands  necessary  for  the 
utilization  of  public  lands  and  waters  for  that  purpose. 

1911.     A.  No.  1725  (Int.  1479). 
A.  J.  1358. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      189 

Article  VII,  §  9 

6.    Repeal 

The  following  proposals  to  repeal  Art.  VII,  §  8,  were  introduced: 

1901.  S.  No.  4  (Int.  4). 

S.  J.  4-2. 

A.  No.  7  (Int.  7). 
A.  J.  53,  73. 

1902.  S.  No.  119  (Int.  119). 

S.  J.  42. 

1903.  S.  No.  137  (Int.  134). 

S.  J.  56. 

§  9.  No  tolls  shall  hereafter  be  imposed  on  persons  or  property 
transported  on  the  canals,  but  all  boats  navigating  the  canals 
and  the  owners  and  masters  thereof,  shall  be  subject  to  such  laws 
and  regulations  as  have  been  or  may  hereafter  be  enacted  con- 
cerning the  navigation  of  the  canals.  The  Legislature  shall 
annually,  by  equitable  taxes,  make  provision  for  the  expenses  of 
the  superintendence  and  repairs  of  the  canals.  All  contracts 
for  work  or  materials  on  any  canal  shall  be  made  with  the  per- 
sons who  shall  offer  to  do  or  provide  the  same  at  the  lowest  price, 
with  adequate  security  for  their  performance.  No  extra  compen- 
sation shall  be  made  to  any  contractor;  but  if,  from  any  unfor- 
seen  cause,  the  terms  of  any  contract  shall  prove  to  be  unjust 
and  oppressive,  the  canal  board  may,  upon  the  application  of  the 
contractor,  cancel  such  contract. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Legislature  to  regulate  canal  tolls 

§  9.  [No  tolls  shall  hereafter  be  imposed  on  persons  or  prop- 
erty transported  on  the  canals,  but  all]  All  boats  navigating  the 
canals,  and  the  owners  and  masters  thereof,  shall  be  subject  to 
such  laws  and  regulations  as  have  been  or  may  hereafter  be  enacted 
concerning  the  navigation  of  the  canals.  The  legislature  shall 
annually,  by  equitable  taxes,  make  provision  for  the  expenses  of 
the  superintendence  and  repairs  of  the  canals.  All  contracts  for 
work  or  materials  on  [any]  the  canals  shall  be  made  with  the  per- 
sons who  shall  offer  to  do  or  provide  the  same  at  the  lowest  price, 
with  adequate  security  for  their  performance.  No  extra  com- 
pensation shall  be  made  to  any  contractor;  but,  if,  from  any  un- 
foreseen cause,  the  terms  of  any  contract  shall  prove  to  be  unjust 
and  oppressive,  the  canal  board  may,  upon  the  application  of  the 
contractor,  cancel  such  contract.  The  legislature  may  make  pro- 
vision for  tolls  to  be  imposed  on  persons  and  property  to  be  trans- 


190          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 


Article  VII,  §  9 


ported  on  the  canals,  and  may  fix  the  amount  and  regulate  the 
manner  of  the  payment  thereof. 

1903.     A.  No.  1048  (Int.  852).    To  S. 

A.  J.  630,  1711,  1797,  1839,  1954. 
S.  J.  972. 

2.  Abandonment  of  canals  and  construction  of  railroad  along  beds  or  banks- 

§  9.  No  toll  shall  hereafter  be  imposed  on  persons  or  property 
transported  on  the  canals,  but  all  boats  navigating  the  canals,  and 
the  owners  and  masters  thereof,  shall  be  subject  to  such  laws  and 
regulations  as  have  been  or  may  hereafter  be  enacted  concerning 
the  navigation  of  the  canals.  The  legislature  shall  annually,  by 
equitable  taxes,  make  provision  for  the  expenses  of  the  [superin- 
tendence] superintendents  and  repairs  of  the  canals,,  and  any  rail- 
road constructed  upon  the  banks  or  bed  of  the  Erie  canal.  All 
contracts  for  work  or  materials  on  any  canal  or  any  railroad  con- 
structed upon  the  banks  or  bed  of  the  Erie  canal,  shall  be  made 
with  the  persons  who  shall  offer  to  do  or  provide  the  same  at  the 
lowest  price,  with  adequate  security  for  their  performance.  No 
extra  compensation  shall  be  made  to  any  contractor ;  but,  if,  from 
any  [unforseen]  unforeseen  cause,  the  terms  of  any  contract  shall 
prove  to  be  unjust  and  oppressive,  the  canal  board  may,  upon  the 
application  of  the  contractor,  cancel  such  contract. 

1903.     A.  No.  363  (Int.  351). 

A.  J.  133. 

(For  the  remainder  of  this  resolution,  see  proposed  amendments  to  §$  8 
and  10  of  this  article,  p.  184,  and  below,  this  page.) 

3.  Biennial  sessions  of  legislature  —  United  States  deposit  fund 

(For  proposed  amendment  to  this  and  other  sections  to  provide  for 
biennial  sessions  of  the  legislature  and  regulating  the  use  of  the  United 
States  deposit  fund  for  educational  purposes,  see  p.  314.) 

§  10.  The  canals  may  be  improved  in  such  manner  as  the  Legis- 
lature shall  provide  by  law.  A  debt  may  be  authorized  for  that 
purpose  in  the  mode  prescribed  by  section  four  of  this  article,  or 
the  cost  of  such  improvement  may  be  defrayed  by  the  appropria- 
tion of  funds  from  the  state  treasury,  or  by  equitable  annual  tax. 

AMENDMENT  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.    Abandonment  of  canals  and  construction  of  railroad  along  "beds  or  banks 

§  10.  The  canals  or  any  railroad  constructed  upon  the  banks 
or  bed  of  the  Erie  canal,  may  be  improved  in  such  manner  as  the 
legislature  shall  provide  by  law.  A  debt  may  he  authorized  for  - 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      191 


Article  VII,  §   11 


that  purpose  in  the  mode  prescribed  by  section  four  of  this  article, 
or  the  cost  of  such  improvement  may  be  defrayed  by  the  appro- 
priation of  funds  from  the  state  treasury  or  by  equitable  annual 
tax. 

1903.     A.  No.  363  (Int.  351). 

A.  J.  133. 

(For  the  remainder  of  this  resolution,  see  proposed  amendments  to  $$  8 
and  9  of  this  article,  pp.  184,  190.) 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  11.  The  legislature  may  appropriate  out  of  any  funds  in  the 
treasury,  moneys  to  pay  the  accruing  interest  and  principal  of 
any  debt  heretofore  or  hereafter  created,  or  any  part  thereof,  and 
may  set  apart  in  each  fiscal  year,  moneys  in  the  state  treasury 
as  a  sinking  fund  to  pay  the  interest  as  it  falls  due  and  to  pay  and 
discharge  the  principal  of  any  debt  heretofore  or  hereafter  cre- 
ated under  section  four  of  article  seven  of  the  constitution  until 
the  same  shall  be  wholly  paid  and  the  principal  and  income  of 
such  sinking  fund  shall  be  applied  to  the  purpose  for  which  said 
sinking  fund  is  created  and  to  no  other  purpose  whatever  and  in 
the  event  such  moneys  so  set  apart  in  any  fiscal  year  be  sufficient 
to  provide  such  sinking  fund,  a  direct  annual  tax  for  such  year 
need  not  be  imposed  and  collected,  as  required  by  the  provisions 
of  said  section  four  of  article  seven,  or  of  any  law  enacted  in 
pursuance  thereof. 

1902.  S.  No.  208  (Int.  208).     (Same  as  A.  No.  1403.)     To  'Sec.  of  State. 

S.  J.  74,  240,  347,  363,  393,  987,  988. 
A.  J.  732,  1264,  1357,  1432,  1470,  1524,  1525. 
A.  No.  1403  (Int.  338).     (Same  as  S.  No.  '208.) 
A.  J.  128,  1183,  1476. 

1903.  S.  No.  1072  (Int.  9).     To  A.       Amended,  A.  No.  2115.     To  Sec.  of 

State. 

S.  J.  15,  399,  857,  1010,  1213,  1235,  1390,  1508,  1566. 
A.  J.  2777,  2816,  2817,  2818,  2994. 
Adopted  Nov.  7,  1905. 
Vote:     for,  307,768;  against,  134,773. 

AMENDMENT  PROPOSED  BUT  NOT   SUBMITTED  TO  THE  PEOPLE 

1.     Diversion  of  waters  of  Niagara  river 

§  11.  (Proposal  to  add  the  following  new  section:)  No 
charter,  license  or  privilege  to  divert  from  their  natural  chan- 
nel the  waters  of  the  Niagara  river  or  any  portion  thereof 


192  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VII,  §   12 

above  Niagara  Falls  shall  be  granted  to  any  corporation,  associa- 
tion, person  or  persons  except  for  sanitary,  domestic  or  -fire  pur- 
poses, and  such  waters  shall  not  be  diverted  for  any  purpose  except 
as  herein  expressed.  This  section  shall  not  be  construed  to  affirm 
or  impair  the  existing  charter  of  any  corporation,  association  or 
persons,  or  to  affirm,  impair  or  deny  any  right  to  divert  the  water 
of  said  river  existing  prior  to  the  adoption  of  this  section. 

1906.  A.  No.  1792  (Int.  778).  To  S. 

A.  J.  507,  1307,  1394,  1471,  1681,  1749. 
S.  J.  894. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  12.  A  debt  or  debts  of  the  state  may  be  authorized  by  law  for 
the  improvement  of  highways.  Such  highways  shall  be  deter- 
mined under  general  laws,  which  shall  also  provide  for  the  equi- 
table apportionment  thereof  among  the  counties.  The  aggre- 
gate of  the  debts  authorized  by  this  section  shall  not  at  any  one 
time  exceed  the  sum  of  fifty  millions  of  dollars.  The  payment 
of  the  annual  interest  on  such  debt  and  the  creation  of  a  sink- 
ing fund  of  at  least  two  per  centum  per  annum  to  discharge  the 
principal  at  maturity  shall  be  provided  by  general  laws  whose 
force  and  effect  shall  not  be  diminished  during  the  existence  of 
any  debt  created  thereunder.  The  legislature  may  by  general 
laws  require  the  county  or  town  or  both  to  pay  to  the  sinking 
fund  the  proportionate  part  of  the  cost  of  any  such  highway 
within  the  boundaries  of  such  county  or  town  and  the  propor- 
tionate part  of  the  interest  thereon,  but  no  county  shall  at  any 
time  for  any  highway  be  required  to  pay  more  than  thirty-five 
hundredths  of  the  cost  of  such  highway,  and  no  town  more  than 
fifteen  hundredths.  None  of  the  provisions  of  the  fourth  section 
of  this  article  shall  apply  to  debts  for  the  improvement  of  high- 
ways hereby  authorized. 

1903.  S.  No.  353  (Int.  312).  (Substituted  for  A.  No.  1245.)  To  Sec.  of 

State. 

S.  J.  147,  572,  701,  744,  767,  844. 
A.  J.  1654,  1680,  1698. 

A.  No.  1245  (Int.  988).  (S.  No.  353  substituted.) 
A.  J.  841,  1433,  1516,  1527,  1630,  1698. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      193 

Article  VII,  §  12 

1905.     S.  No.  163  (Int.  163).    To  Sec.  of  State. 
S.  J.  68,  305,  345,  374,  382,  1239. 
A.  J.  682,  1990,  2089,  2126,  22'53,  2348. 
Adopted  Nov.  7,  1905. 
Vote:     for,  383,188;  against,  117,181. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Authorizing  state  debt  for  highway  improvement  other  than  in  cities 

and  villages 

§  12.  (Proposal  to  add  the  following  new  section:)  A  debt 
or  debts  of  the  state  may  be  authorized  by  law  for  the  improve- 
ment of  highways  not  within  the  boundaries  of  any  city  or  vil- 
lage. Such  highways  shall  be  determined  under  general  laws, 
ivhich  shall  also  provide  for  the  equitable  apportionment 
thereof  among  the  counties.  The  aggregate  of  the  debts  author- 
ized by  this  section  shall  not  at  any  one  time  exceed  the  sum  of 
twenty  millions  of  dollars.  The  payment  of  the  annual  interest 
on  such  debt  and  the  creation  of  a  sinking  fund  of  at  least  one 
per  centum  per  annum  to  discharge  the  principal  at  maturity 
shall  be  provided  by  general  laws  whose  force  and  effect  shall  not 
be  diminished  during  the  existence  of  any  debt.  The  legislature 
may  by  general  laws  require  the  county  or  town  or  both  to  pay 
to  the  sinking  fund  the  proportionate  part  of  the  cost  of  any  such 
highway  within  the  boundaries  of  such  county  or  town  and  the 
proportionate  part  of  the  interest  thereon,  but  no  county  shall  at 
any  time  and  for  any  highway  be  required  to  pay  more  than  thirty- 
five  hundredths  of  the  cost  of  such  highways,  and  no  town  more 
than  fifteen  hundredths.  None  of  the  provisions  of  the  fourth 
section  of  this  article  shall  apply  to  debts  for  the  improvement  of 
highways  hereby  authorized. 

1902.     S.  No.  957  (Int.  734). 
S.  J.  782. 

2,  Highways  in  forest  preserve 

§  12.  A  debt  or  debts  of  the  state  may  be  authorized  by  law 
for  the  improvement  of  highways.  Such  highways  shall  be  deter- 
mined under  general  laws,  which  shall  also  provide  for  the  equi- 
table apportionment  thereof  among  the  counties.  Any  county 
having  part  of  the  forest  preserve  therein  shall  receive  its  equi- 
table apportionment  of  highways.  Highways  within  the  forest 
preserve  shall  be  opened  or  improved  in  the  same  manner  as  other 
highiuays  in  the  state,  except  that  they  shall  not  be  laid  out  to  a 


194          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  §  12 

greater  width  than  one  hundred  feet  or  improved  for  a  greater 
width  than  other  highways  in  the  state  under  similar  conditions. 
The  aggregate  of  the  debts  authorized  by  this  section  shall  not  at 
any  one  time  exceed  the  sum  of  fifty  millions  of  dollars.  The 
payment  of  the  annual  interest  on  such  debt  and  the  creation  of 
a  sinking  fund  of  at  least  two  per  centum  per  annum  to  discharge 
the  principal  at  maturity  shall  be  provided  by  general  laws  whose 
force  and  effect  shall  not  be  diminished  during  the  existence  of 
any  debt  created  thereunder.  The  legislature  may  by  general 
laws  require  the  county  or  town  or  both  to  pay  to  the  sinking  fund 
the  proportionate  part  of  the  cost  of  any  such  highway  within 
the  boundaries  of  such  county  or  town  and  the  proportionate  part 
of  the  interest  thereon,  but  no  county  shall  at  any  time  for  any 
highway  be  required  to  pay  more  than  thirty-five  hundredths  of 
the  cost  of  such  highway,  and  no  town  more  than  fifteen  hun- 
dredths. None  of  the  provisions  of  the  fourth  section  of  this 
article  shall  apply  to  debts  for  the  improvement  of  highways 
hereby  authorized. 

1910.     A.  No.  2093  (Int.  1508).    To  S. 

A.  J.  1644,  3113,  3116,  3126,  3152. 
S.  J.  1710. 

3.    Apportionment  of  highway  money 

§  12.  A  debt  or  debts  of  the  state  may  be  authorized  by  law  for 
the  improvement  of  highways.  Such  highways  shall  be  deter- 
mined under  general  laws,  which  shall  also  provide  for  the  equi- 
table apportionment  [thereof]  of  the  moneys  authorized,  among 
the  counties  containing  towns,  taking  into  consideration  all  moneys 
expended  by  the  state  for  the  improvement  of  state  and  county 
highways  under  chapters  one  hundred  and  fifteen  of  laws  of  eigh- 
teen hundred  and  ninety-eight,  chapter  three  hundred  and  thirty, 
laws  of  nineteen  hundred  and  eight,  and  chapter  thirty  of  laws 
of  nineteen  hundred  and  nine,  and  the  amendments  to  said  laws. 
An  apportionment  for  each  of  said  counties  shall  be  computed  on 
the  following  basis:  On  the  population  as  fixed  by  the  federal 
census  of  nineteen  hundred  and  ten,  on  the  total  measured  mileage 
of  public  highways  outside  of  cities  and  villages  as  obtained  pur- 
suant to  section  sixty-nine  of  chapter  thirty  of  the  laws  of  nineteen 
hundred  and  nine,  and  on  the  total  area;  and  the  sum  of  one-third 
of  each  of  these  three  factors  thus  obtained  for  each  of  said  coun- 
ties, shall  constitute  such  equitable  apportionment.  The  aggre- 
gate of  the  debts  authorized  by  this  section  shall  not  at  any  one 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      195 


Article  VII,  §   12 


time  exceed  the  sum  of  [fifty]  one  hundred  millions  of  dollars. 
The  payment  of  the  annual  interest  on  such  debt  and  the  creation 
of  a  sinking  fund  of  at  least  two  per  centum  per  annum  to  dis- 
charge the  principal  at  maturity  shall  be  provided  by  general  laws 
whose  force  and  effect  shall  not  be  diminished  during  the  existence 
of  any  debt  created  thereunder.  The  legislature  may  by  general 
laws,  require  the  county  or  town,  or  both,  to  pay  to  the  sinking 
fund  the  proportionate  part  of  the  cost  of  any  such  highway  within 
the  boundaries  of  such  county  or  town  and  the  proportionate  part 
of  the  interest  thereon,  but  no  county  shall  at  any  time  for  any 
highway  be  required  to  pay  more  than  thirty-five  hundredths  of 
the  cost  of  such  highway,  and  no  town  more  than  fifteen  hun- 
dredths. None  of  the  provisions  of  the  fourth  section  of  this 
article  shall  apply  to  debts  for  the  improvement  of  highways  hereby 
authorized. 

1912.     S.  No.  28  (Int.  28). 
S.  J.  11. 

4.     Increasing  highway  debt  limit  to  one  hundred  millions 

§  12.  A  debt  or  debts  of  the  state  may  be  authorized  by  law  for 
the  improvement  of  highways.  Such  highways  shall  be  determined 
under  general  laws,  which  shall  also  provide  for  the  equitable  ap- 
portionment thereof  among  the  counties.  The  aggregate  of  the 
debts  authorized  by  this  section  shall  not  at  any  [one]  time  exceed 
the  sum  of  [fifty]  one  hundred  millions  of  dollars.  The  payment 
of  the  annual  interest  on  such  debt  and  the  creation  of  a  sinking 
fund  of  at  least  two  per  centum  per  annum  to  discharge  the  prin- 
cipal at  maturity  shall  be  provided  by  general  laws  whose  force 
and  effect  shall  not  be  diminished  during  the  existence  of  any  debt 
created  thereunder.  The  legislature  may  by  general  laws  require 
the  county  or  town  or  both  to  pay  to  the  sinking  fund  the  propor- 
tionate part  of  the  cost  of  any  such  highway  within  the  boundaries 
of  such  county  or  town  and  the  proportionate  part  of  the  interest 
thereon,  but  no  county  shall  at  any  time  for  any  highway  be  re- 
quired to  pay  more  than  thirty-five  hundredths  of  the  cost  of  such 
highway,  and  no  town  more  than  fifteen  hundredths.  None  of  the 
provisions  of  the  fourth  section  of  this  article  shall  apply  to  debts 
for  the  improvement  of  highways  hereby  authorized. 

1912.     S.  No.  276  (Int.  266).     (Same  as  A.  No.  23.) 

S.  J.  69. 

A.  No.  23  (Int.  23).     (Same  as  S.  No.  276.) 
A.  J.  29. 


196          NEW  YOKK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VII,  §   12 

§  12.  A  debt  or  debts  of  the  state  may  be  authorized  by  law 
for  the  improvement  of  highways.  Such  highways  shall  be  deter- 
mined under  general  laws,  which  shall  also  provide  for  the  equi- 
table apportionment  thereof,  among  the  counties.  The  aggregate 
of  the  debts  authorized  by  this  section  shall  not  at  any  one  time 
exceed  the  sum  of  [fifty]  one  hundred  millions  of  dollars.  The 
payment  of  the  annual  interest  on  such  debt,  and  the  creation  of 
a  sinking  fund  of  at  least  two  per  centum  per  annum  to  discharge 
the  principal  at  maturity,  shall  be  provided  by  general  laws,  whose 
force  and  effect  shall  not  be  diminished  during  the  existence  of 
any  debt  created  thereunder.  The  legislature  may,  by  general 
laws,  require  the  county  or  town  or  both  to  pay  to  the  sinking  fund 
the  proportionate  part  of  the  cost  of  any  such  highway  within  the 
boundaries  of  such  county  or  town,  and  the  proportionate  part 
of  the  interest  thereon,  but  no  county  shall,  at  any  time,  for  any 
highway,  be  required  to  pay  more  than  thirty-five  hundredths  of 
the  cost  of  such  highway,  and  no  town  more  than  fifteen  hun- 
dredths. None  of  the  provisions  of  [the  fourth  section  of]  this 
article  shall  apply  to  debts  for  the  improvement  of  highways  hereby 
authorized. 

1911.     S.  No.  2033  (Int.  1562). 
S.  J.  1820. 

5.    Maintenance  of  highways 

§  13.  (Proposal  to  add  the  following  new  section:)  No 
moneys  of  the  state  shall  hereafter  be  appropriated  for  the 
whole  or  any  part  of  the  expenses  of  maintenance  and  repairs  of 
highways  constructed  wholly  or  partly  by  the  state,  either  under 
the  provisions  of  section  twelve  of  this  article  or  under  any  law, 
but  such  expenses  shall  be  borne  in  such  manner  as  the  legislature 
may,  by  appropriate  laws,  direct,  by  the  several  counties,  cities, 
towns  and  villages  within  which  the  portion  of  any  such  highway 
to  be  maintained  or  repaired  is  located;  but  if  the  expense  of  any 
such  maintenance  or  repair  is  imposed  by  law  upon  a  city,  town 
or  village,  the  board  of  supervisors  shall  provide  by  taxation  upon 
the  county  at  large  for  all  moneys  not  raised  in  the  municipalities 
within  the  county  and  the  fund  for  such  maintenance  and  repairs 
shall  be  in  the  custody  of  the  county  treasurer,  subject  to  expendi- 
ture under  the  direction  of  the  state  highway  commission  or  oilier 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      197 

Article  VIII,  §  9 

state  board,  body  or  officer,  if  any,  succeeding  to  the  powers  and 
duties  of  such  commission. 

1913.  S.  No.  904  (Int.  813).     (Same  as  A.  No.  1296.) 

S.  J.  294. 

A.  No.  1296  (Int.  1197).     (Same  as  S.  No.  904.) 
A.  J.  559. 

6.    Improvement  of  interstate  highway  bridges  and  tunnels 

§  13.  (Proposal  to  add  the  following  new  section:)  A  debt 
or  debts  of  the  state  may  be  authorized  by  law  for  the 
improvement  of  interstate  highway  bridges  and  tunnels.  The 
aggregate  of  the  debts  authorized  by  this  section  shall  not  at  any 
one  time  exceed  the  sum  of  twenty-five  millions  of  dollars.  The 
payment  of  the  annual  interest  on  such  debt  and  the  creation  of 
a  sinking  fund  of  at  least  two  per  centum  per  annum  to  discharge 
the  principal  at  maturity  shall  be  provided  by  general  laws,  whose 
force  and  effect  shall  not  be  diminished  during  the  existence  of 
any  debt  created  thereunder.  The  legislature  may,  by  general 
laws,  require  the  county  or  town  or  both  to  pay  to  the  sinking 
fund  the  proportionate  part  of  the  cost  of  any  such  interstate  high- 
way bridge  and  tunnel  within  the  boundaries  of  such  county  or 
town,  and  the  proportionate  part  of  the  interest  thereon,  but  no 
county  shall,  at  any  time,  for  any  interstate  highway  bridge  and 
tunnel,  be  required  to  pay  more  than  thirty-five  hundredths  of  the 
cost  of  such  interstate  highway  bridge  and  tunnel,  and  no  town 
more  than  fifteen  hundredths.  None  of  the  provisions  of  the  fourth 
section  of  this  article  shall  apply  to  debts  for  the  improvement  of 
interstate  highway  bridges  and  tunnels  hereby  authorized. 

1914.  A.  No.  1116  (Int.  1042). 

A.  J.  494. 


ARTICLE  VIII 

§  9.  Neither  the  credit  nor  the  money  of  the  State  shall  be 
given  or  loaned  to  or  in  aid  of  any  association,  corporation  or 
private  undertaking.  This  section  shall  not,  however,  prevent  the 
Legislature  from  making  such  provision  for  the  education  and 
support  of  the  blind,  the  deaf  and  dumb,  and  juvenile  delinquents, 
as  to  it  may  seem  proper.  Nor  shall  it  apply  to  any  fund  or  prop- 


198  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VIII,  §  9 

erty  now  held,  or  which  may  hereafter  be  held,  by  the  State  for 
educational  purposes. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.     Welfare  and  safety  of  workmen  —  workmen's  compensation 

§  9.  (Proposal  to  add  the  following:)  Nor  shall  anything  in 
this  constitution  contained  prevent  the  legislature  from  making 
such  provision,  as  to  it  may  seem  proper,  for  the  security  and 
protection  of  the  lives,  health  and  safety  of  workmen,  for  com- 
pensation for  injuries  to  them  caused  by  accidents,  or  otherwise, 
arising  out  of  their  employment,  for  insurance  against  accidents, 
sickness,  invalidity  and  old  age,  and  for  the  good  and  welfare  of 
the  state  and  the  people  of  the  state. 

1911.  A.  No.  1995  (Int.  1638).  To  S. 

A.  J.  1628,  3777,  3784,  3804,  3891,  3941. 
S.  J.  2299. 

§  9.  (Proposal  to  add  the  following:)  Nor  shall  anything  in  this 
constitution  contained  prevent  the  legislature  from  making  such 
provision,  as  to  it  may  seem  proper,  for  the  security  and  protection 
of  the  lives,  health  and  safety  of  workmen,  for  compensation  for 
injuries  to  them  caused  by  accidents,  or  otherwise,  arising  out 
of  their  employment,  for  insurance  against  accidents,  sickness, 
invalidity  and  old  age. 

1912.  A.  No.  49  (Int.  49). 

A.  J.  32. 

1913.  A.  No.  324  (Int.  320). 

A.  J.  103. 

(For  adopted  amendment  authorizing  a  workmen's  compensation  law,  see 
Art.  I,  §  19,  p.  15.), 

For  other  proposed  amendments  authorizing  a  workmen's  compensation 
law,  see  pp.  7,  16.) 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or  cor- 
poration; nor  shall  any  such  county,  city,  town  or  village  be  al- 
lowed to  incur  any  indebtedness  except  for  county,  city,  town  or 
village  purposes.  This  section  shall  not  prevent  such  county,  city, 
town  or  village  from  making  such  provision  for  the  aid  or  support 
of  its  poor  as  may  be  authorized  by  law.  No  county  or  city  shall 
be  allowed  to  become  indebted  for  any  purpose  or  in  any  manner 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      199 

Article  VIII,  §   10 

to  an  amount  which,  including  existing  indebtedness,  shall  exceed 
ten  per  centum  of  the  assessed  valuation  of  the  real  estate  of  such 
county  or  city  subject  to  taxation,  as  it  appeared  by  the  assess- 
ment-rolls of  said  county  or  city  on  the  last  assessment  for  state 
or  county  taxes  prior  to  the  incurring  of  such  indebtedness ;  and 
all  indebtedness  in  excess  of  such  limitation,  except  such  as  may 
now  exist,  shall  be  absolutely  void,  except  as  herein  otherwise  pro- 
vided. No  county  or  city  whose  present  indebtedness  exceeds  ten 
per  centum  of  the  assessed  valuation  of  its  real  estate  subject  to 
taxation,  shall  be  allowed  to  become  indebted  in  any  further 
amount  until  such  indebtedness  shall  be  reduced  within  such  limit. 
This  section  shall  not  be  construed  to  prevent  the  issuing  of  cer- 
tificates of  indebtedness  or  revenue  bonds  issued  in  anticipation 
of  the  collection  of  taxes  for  amounts  actually  contained,  or  to  be 
contained  in  the  taxes  for  the  year  when  such  certificates  or  rev- 
enue bonds  are  issued  and  payable  out  of  such  taxes.  Nor  shall 
this  section  be  construed  to  prevent  the  issue  of  bonds  to  provide 
for  the  supply  of  water ;  but  the  term  of  the  bonds  issued  to  pro- 
vide the  supply  of  water  shall  not  exceed  twenty  years  and  a  sink- 
ing fund  shall  be  created  on  the  issuing  of  the  said  bonds  for  their 
redemption,  by  raising  annually  a  sum  which  will  produce  an 
amount  equal  to  the  sum  of  the  principal  and  interest  of  said 
bonds  at  their  maturity.  All  certificates  of  indebtedness  or  rev- 
enue bonds  issued  in  anticipation  of  the  collection  of  taxes,  which 
are  not  retired  within  five  years  after  their  date  of  issue,  and 
bonds  issued  to  provide  for  the  supply  of  water,  and  any  debt 
hereafter  incurred  by  any  portion  or  part  of  a  city,  if  there  shall 
be  any  such  debt,  shall  be  included  in  ascertaining  the  power  of 
the  city  to  become  otherwise  indebted.  Whenever  hereafter  the 
boundaries  of  any  city  shall  become  the  same  as  those  of  a  county, 
the  power  of  the  county  to  become  indebted  shall  cease,  but  the 
debt  of  the  county  at  that  time  existing  shall  not  be  included  as 
a  part  of  the  city  debt.  The  amount  hereafter  to  be  raised  by  tax 
for  county  or  city  purposes,  in  any  county  containing  a  city  of 
over  one  hundred  thousand  inhabitants,  or  any  such  city  of  this 
State,  in  addition  to  providing  for  the  principal  and  interest  of 
existing  debt,  shall  not  in  the  aggregate  exceed  in  any  one  year 
two  per  centum  of  the  assessed  valuation  of  the  real  and  personal 
estate  of  such  county  or  city,  to  be  ascertained  as  prescribed  in 
this  section  in  respect  to  county  or  city  debt. 


200          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 


Article  VIII,  §   10 


AMENDMENTS  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or 
corporation;  nor  shall  any  such  county,  city,  town  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county,  city, 
town  or  village  purposes.  This  section  shall  not  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor  as  may  be  authorized  by  law.  No 
county  or  city  shall  be  allowed  to  become  indebted  for  any  pur- 
pose or  in  any  manner  to  an  amount  which,  including  existing  in- 
debtedness, shall  exceed  ten  per  centum  of  the  assessed  valuation 
of  the  real  estate  of  such  county  or  city  subject  to  taxation,  as  it 
appeared  by  the  assessment-rolls  of  said  county  or  city  on  the  last 
assessment  for  state  or  county  taxes  prior  to  the  incurring  of  such 
indebtedness ;  and  all  indebtedness  in  excess  of  such  limitation,  ex- 
cept such  as  may  now  exist,  shall  be  absolutely  void,  except  as 
herein  otherwise  provided.  No  county  or  city  whose  present  in- 
debtedness exceeds  ten  per  centum  of  the  assessed  valuation  of  its 
real  estate  subject  to  taxation,  shall  be  allowed  to  become  indebted 
in  any  further  amount  until  such  indebtedness  shall  be  reduced 
within  such  limit.  This  section  shall  not  be  construed  to  prevent 
the  issuing  of  certificates  of  indebtedness  or  revenue  bonds  issued 
in  anticipation  of  the  collection  of  taxes  for  amounts  actually  con- 
tained, or  to  be  contained  in  the  taxes  for  the  year  when  such 
certificates  or  revenue  bonds  are  issued  and  payable  out  of  such 
taxes.  Nor  shall  this  section  be  construed  to  prevent  the  issue  of 
bonds  to  provide  for  the  supply  of  water;  but  the  term  of  the 
bonds  issued  to  provide  the  supply  of  water  shall  not  exceed 
twenty  years,  and  a  sinking  fund  shall  be  created  on  the  issuing  of 
the  said  bonds  for  their  redemption,  by  raising  annually  a  sum 
which  will  produce  an  amount  equal  to  the  sum  of  the  principal 
and  interest  of  said  bonds  at  their  maturity.  All  certificates  of  in- 
debtedness or  revenue  bonds  issued  in  anticipation  of  the  collec- 
tion of  taxes,  which  are  not  retired  within  five  years  after  their 
date  of  issue,  and  bonds  issued  to  provide  for  the  supply  of  water, 
and  any  debt  hereafter  incurred  by  any  portion  or  part  of  a  city, 
if  there  shall  be  any  such  debt,  shall  be  included  in  ascertaining 
the  power  of  the  city  to  become  otherwise  indebted.  Whenever 
[hereafter]  the  boundaries  of  any  city  are  [shall  become]  the 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      201 

Article  VIII,  §  10 

same  as  those  of  a  county,  or  when  any  city  shall  include  within 
its  boundaries  more  than  one  county,  the  power  of  any  [the] 
county  wholly  included  within  such  city  to  become  indebted  shall 
cease,  but  the  debt  of  the  county  heretofore  [at  that  time]  exist- 
ing shall  not,  for  the  purposes  of  this  section,  be  [included]  reck- 
oned as  a  part  of  the  city  debt.  The  amount  hereafter  to  be 
raised  by  tax  for  county  or  city  purposes,  in  any  county  contain- 
ing a  city  of  over  one  hundred  thousand  inhabitants,  or  any  such 
city  of  this  state,  in  addition  to  providing  for  the  principal  and 
interest  of  existing  debt,  shall  not  in  the  aggregate  exceed  in  any 
one  year  two  per  centum  of  the  assessed  valuation  of  the  real  and 
personal  estate  of  such  county  or  city,  to  be  ascertained  as  pre- 
scribed in  this  section  in  respect  to  county  or  city  debt. 

1897.  A.  No.  1710  (Int.  958).  (Same  as  S.  No.  1013.)  To  Sec.  of  State. 

A.  J.  787,  1398,  1688,  1741,  1761,  1795,  2050. 

S.  J.  782,  805,  807. 
S.  No.  1013  (Int.  592).  (Same  as  A.  No.  1710.) 

S.  J.  345,  622,  639,  643. 
1899.  S.  No.  631  (Int.  357).  To  Sec.  of  State. 

S.  J.  176,  246,  317,  449,  465,  467,  1680. 

A.  J.  984,  3044,  3206,  3272,  3274. 
Adopted  Nov.  7,  1899. 

Vote:     for,  315,475;  against,  145,450. 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or 
corporation;  nor  shall  any  such  county,  city,  town  or  villagei 
be  allowed  to  incur  any  indebtedness  except  for  county,  city  or 
town  or  village  purposes.  This  section  shall  not  prevent  such' 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor  as  may  be  authorized  by  law.  No 
county  or  city  shall  be  allowed  to  become  indebted  for  any  pur- 
pose or  in  any  manner  to  an  amount  which,  including  existing  in- 
debtedness, shall  exceed  ten  per  centum  of  the  assessed  valuation 
of  the  real  estate  of  such  county  or  city  subject  to  taxation,  as  it 
appeared  by  the  assessment-rolls  of  said  county  or  city  on  the  last 
assessment  for  state  or  county  taxes  prior  to  the  incurring  of  such 
indebtedness ;  and  all  indebtedness  in  excess  of  such  limitation,  ex- 
cept such  as  [may  now]  now  may  exist,  shall  be  absolutely  void, 
except  as  herein  otherwise  provided.  No  county  or  city  whose 
present  indebtedness  exceeds  ten  per  centum  of  the  assessed* 


202          NEW  YOEK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VIII,  §   10 

valuation  of  its  real  estate  subject  to  taxation,  shall  be  allowed  to 
become  indebted  in  any  further  amount  until  such  indebtedness 
shall  be  reduced  within  such  limit.  This  section  shall  not  be  con- 
strued to  prevent  the  issuing  of  certificates  of  indebtedness  or 
revenue  bonds  issued  in  anticipation  of  the  collection  of  taxes  for 
amounts  actually  contained,  or  to  be  contained,  in  the  taxes  for 
the  year  when  such  certificates  or  revenue  bonds  are  issued  and 
payable  out  of  such  taxes.  Nor  shall  this  section  be  construed 
to  prevent  the  issue  of  bonds  to  provide  for  the  supply  of  water ; 
but  the  term  of  the  bonds  issued  to  provide  the  supply  of  water 
shall  not  exceed  twenty  years,  and  a  sinking  fund  shall  be  cre- 
ated on  the  issuing  of  the  said  bonds  for  their  redemption,  by 
raising  annually  a  sum  which  will  produce  an  amount  equal  to  the 
sum  of  the  principal  and  interest  of  said  bonds  at  their  maturity. 
All  certificates  of  indebtedness  or  revenue  bonds  issued  in  antici- 
pation of  the  collection  of  taxes,  which  are  not  retired  within  five 
years  after  their  date  of  issue,  and  bonds  issued  to  provide  for  the 
supply  of  water,  and  any  debt  hereafter  incurred  by  any  portion 
or  part  of  a  city,  if  there  shall  be  any  such  debt,  shall  be  included 
in  ascertaining  the  power  of  the  city  to  become  otherwise  in- 
debted ;  except  that  debts  incurred  by  the  city  of  New  York  after 
the  first  day  of  January,  nineteen  hundred  and  four,  to  provide 
for  the  supply  of  water  shall  not  be  so  included.  Whenever 
the  boundaries  of  any  city  are  the  same  as  those  of  a  county,  or 
when  any  city  shall  include  within  its  boundaries  more  than  one 
county,  the  power  of  any  county  wholly  included  within  such  city 
to  become  indebted  shall  cease,  but  the  debt  of  the  county,  here- 
tofore existing,  shall  not,  for  the  purposes  of  this  section,  be 
reckoned  as  a  part  of  the  city  debt.  The  amount  hereafter  to  be 
raised  by  tax  for  county  or  city  purposes,  in  any  county  contain- 
ing a  city  of  over  one  hundred  thousand  inhabitants,  or  any  such 
city  of  this  state,  in  addition  to  providing  for  the  principal  and 
interest  of  existing  debt,  shall  not  in  the  aggregate  exceed  in  any 
one  year  two  per  centum  of  the  assessed  valuation  of  the  real  and 
personal  estate  of  such  county  or  city,  to  be  ascertained  as  pre- 
scribed in  this  section  in  respect  to  county  or  city  debt. 

1901.     S.  No.  703  (Int.  344).     (Same  as  A.  No.  779.)     To  Sec.  of  State. 
S.  J.  163,  320,  383,  514,  554,  557,  845. 
A.  J.  1146,  1634,  1776. 

A.  No.  779  (Int.  310).     (Same  as  S.  No.  703.) 
A.  J.  154,  275,  381,  461,  629. 
S.  J.  350. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      203 


Article  Vi.II,  §   10 


1903.     S.  No.  1129   (Int.  573).     To  A.     Amended,  A.  No.  2114.     To  Sec. 

of  State. 

S.  J.  458,  984,  1169,  1232,  1254,  1508,  1566. 
A.  J.  2612,  2780,  2951,  2994. 
Adopted  Nov.  7,  1905. 
Vote:  for,  363,117;  against,  129,424. 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or 
corporation;  nor  shall  any  such  county,  city,  town  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county,  city,  [or] 
town  or  village  purposes.  This  section  shall  not  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor  as  may  be  authorized  by  law.  No 
county  or  city  shall  be  allowed  to  become  indebted  for  any  pur- 
pose or  in  any  manner  to  an  amount  which,  including  existing  in- 
debtedness, shall  exceed  ten  per  centum  of  the  assessed  valuation 
of  the  real  estate  of  such  county  or  city  subject  to  taxation,  as  it 
appeared  by  the  assessment-rolls  of  said  county  or  city  on  the  last 
assessment  for  state  or  county  taxes  prior  to  the  incurring  of  such 
indebtedness;  and  all  indebtedness  in  excess  of  such  limitations, 
except  such  as  now  may  exist,  shall  be  absolutely  void,  except  as 
herein  otherwise  provided.  No  county  or  city,  whose  present  in- 
debtedness exceeds  ten  per  centum  of  the  assessed  valuation  of  its 
real  estate  subject  to  taxation,  shall  be  allowed  to  become  indebted 
in  any  further  amount  until  such  indebtedness  shall  be  reduced 
within  such  limit. .  This  section  shall  not  be  construed  to  prevent 
the  issuing  of  certificates  of  indebtedness  or  revenue  bonds  issued 
in  anticipation  of  the  collection  of  taxes  for  amounts  actually 
contained,  or  to  be  contained  in  the  taxes  for  the  year  when  such 
certificates  or  revenue  bonds  are  issued  and  payable  out  of  such 
taxes.  Nor  shall  this  section  be  construed  to  prevent  the  issue  of 
bonds  to  provide  for  the  supply  of  water;  but  the  term  [terms] 
of  the  bonds  issued  to  provide  the  supply  of  water  shall  not  exceed 
twenty  years  and  a  sinking  fund  shall  be  created  on  the  issuing 
of  the  said  bonds  for  their  redemption,  by  raising  annually  a  sum 
which  will  produce  an  amount  equal  to  the  sum  of  the  principal 
and  interest  of  said  bonds  at  their  maturity.  All  certificates  of 
indebtedness  or  revenue  bonds  issued  in  anticipation  of  the  col- 
lection of  taxes,  which  are  not  retired  within  five  years  after  their 
PART  II  — 8 


204  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VIII,  §   10 

date  of  issue,  and  bonds  issued  to  provide  for  the  supply  of  water, 
and  any  debt  hereafter  incurred  by  any  portion  or  part  of  a 
city,  if  there  shall  be  any  such  debt,  shall  be  included  in  as- 
certaining the  power  of  the  city  to  become  otherwise  indebted; 
except  that  debts  incurred  by  the  city  of  New  York  after  the 
first  day  of  January,  nineteen  hundred  and  four,  and  debts 
incurred  by  any  city  of  the  second  class  after  the  first  day  of 
January,  nineteen  hundred  and  eight,  to  provide  for  the  supply 
of  water  shall  not  be  so  included.  Whenever  the  boundaries  of 
any  city  are  the  same  as  those  of  a  county,  or  when  any  city  shall 
include  within  its  boundaries  more  than  one  county,  the  power 
of  any  county  wholly  included  within  such  city  to  become  in- 
debted shall  cease,  but  the  debt  of  the  county,  heretofore  existing 
shall  not,  for  the  purposes  of  this  section,  be  reckoned  as  a  part  of 
the  ,city  debt.  The  amount  hereafter  to  be  raised  by  tax  for 
county  or  city  purposes,  in  any  county  containing  a  city  of  over 
one  hundred  thousand  inhabitants,  or  any  such  city  of  this  state, 
in  addition  to  providing  for  the  principal  and  interest  of  existing 
debt,  shall  not  in  the  aggregate  exceed  in  any  one  year  two  per 
centum  of  the  assessed  valuation  of  the  real  and  personal  estate 
of  such  county  or  city,  to  be  ascertained  as  prescribed  in  this  sec- 
tion in  respect  to  county  or  city  debt. 

1906.  A.  No.  916  (Int.  441).  To  Sec.  of  State. 

A.  J.  178,  477,  523,  556,  659,  708,  3180,  3182,  3290. 
S.  J.  342,  956,  1210,  1699. 

1907.  A.  No.  1043  (Int.  918).  To  Sec,  of  State. 

A.  J.  500,  2753,  2762,  2783,  2816,  3607. 
S.  J.  1421,  1916,  1969. 
Adopted  Nov.  5,  1907. 
Vote:   for,  352,905;  against,  137,721. 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or 
corporation;  nor  shall  any  such  county,  city,  town  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county,  city, 
town  or  village  purposes.  This  section  shall  not  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor  as  may  be  authorized  by  law.  No 
county  or  city  shall  be  allowed  to  become  indebted  for  any  pur- 
pose or  in  any  manner  to  an  amount  which,  including  existing  in- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      205 


Article  VIII,  §   10 


debtedness,  shall  exceed  ten  per  centum  of  the  assessed  valuation 
of  the  real  estate  of  such  county  or  city  subject  to  taxation,  as  it 
appeared  by  the  assessment-rolls  of  said  county  or  city  on  the  last 
assessment  for  state  or  county  taxes  prior  to  the  incurring  of  such 
indebtedness ;  and  all  indebtedness  in  excess  of  such  limitation,  ex- 
cept such  as  now  may  exist,  shall  be  absolutely  void,  except  as 
herein  otherwise  provided.    No  county  or  city  whose  present  in- 
debtedness exceeds  ten  per  centum  of  the  assessed  valuation  of  its 
real  estate  subject  to  taxation,  shall  be  allowed  to  become  indebted 
in  any  further  amount  until  such  indebtedness  shall  be  reduced 
within  such  limit.    This  section  shall  not  be  construed  to  pre^ 
vent  the  issuing  of  certificates  of  indebtedness  or  revenue  bonds 
issued  in  anticipation  of  the  collection  of  taxes  for  amounts 
actually  contained,  or  to  be  contained  in  the  taxes  for  the  year 
when  such  certificates  or  revenue  bonds  are  issued  and  payable 
out  of  such  taxes;  nor  to  prevent  the  city  of  New  York  from 
issuing  bonds  to  be  redeemed  out  of  the  tax  levy  for  the  year 
next  succeeding  the  year  of  their  issue,  provided  that  the  amount 
of  such  bonds  which  may  be  issued  in  any  one  year  in  excess 
of  the  limitations  herein  contained  shall  not  exceed  one-tenth  of 
one  per  centum  of  the  assessed  valuation  of  the  real  estate  of 
said  city  subject  to  taxation.    Nor  shall  this  section  be  construed 
to  prevent  the  issue  of  bonds  to  provide  for  the  supply  of  water; 
but  the  term  of  the  bonds  issued  to  provide  the  supply  of  water, 
in  excess  of  the  limitation  of  indebtedness  fixed  herein,  shall 
not  exceed  twenty  years,  and  a  sinking  fund  shall  be  created  on 
the  issuing  of  the  said  bonds  for  their  redemption,  by  raising 
annually  a  sum  which  will  produce  an  amount  equal  to  the  sum  of 
the  principal  and  interest  of  said  bonds  at  their  maturity.    All 
certificates  of  indebtedness  or  revenue  bonds  issued  in  anticipa- 
tion of  the  collection  of  taxes,  which  are  not  retired  within  five 
years  after  their  date  of  issue,  and  bonds  issued  to  provide  for 
the  supply  of  water,  and  any  debt  hereafter  incurred  by  any 
portion  or  part  of  a  city  if  there  shall  be  any  such  debt,  shall  be 
included  in  ascertaining  the  power  of  the  city  to  become  other- 
wise indebted;  except  that  debts  incurred  by  the  city  of  New 
York  after  the  first  day  of  January,  nineteen  hundred  and  four, 
and  debts  incurred  by  any  city  of  the  second  class  after  the  first 


206  N"EW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 


Article  VIII,  §   10 


day  of  January,  nineteen  hundred  and  eight,  and  debts  incurred 
by  any  city  of  the  third  class  after  the  first  day  of  January, 
nineteen  hundred  and  ten,  to  provide  for  the  supply  of  water,  shall 
not  be  so  included;  and  except  further  that  any  debt  hereafter 
incurred  by  the  city  of  New  York  for  a  public  improvement 
owned  or  to  be  owned  by  the  city,  which  yields  to  the  city  cur- 
rent net  revenue,  after  making  any  necessary  allowance  for  re- 
pairs  and  maintenance  for  which  the  city  is  liable,  in  excess 
of  the  interest  on  said  debt  and  of  the  annual  instalments 
necessary  for  its  amortization  may  be  excluded  in  ascertaining 
the  power  of  said  city  to  become  otherwise  indebted,  provided 
that  a  sinking  fund  for  its  amortization  shall  have  been  estab- 
lished  and  maintained  and  that  the  indebtedness  shall  not  be 
so  excluded  during  any  period  of  time  when  the  revenue  aforesaid 
shall  not  be  sufficient  to  equal  the  said  interest  and  amortization 
instalments,  and  except  further  that  any  indebtedness  heretofore 
incurred  by  the  city  of  New  York  for  any  rapid  transit  or  dock 
investment  may  be  so  excluded  proportionately  to  the  extent  to 
which  the  current  net  revenue  received  by  said  city  therefrom 
shall  meet  the  interest  and  amortization  instalments  thereof,  pro- 
vided that  any  increase  in  the  debt  incurring  power  of  the  city  of 
New  York  which  shall  result  from  the  exclusion  of  debts  hereto- 
fore incurred  shall  be  available  only  for  the  acquisition  or  con- 
struction of  properties  to  be  used  for  rapid  transit  or  dock  pur- 
poses.  The  legislature  shall  prescribe  the  method  by  which  and 
the  terms  and  conditions  under  which  the  amount  of  any  debt  to 
be  so  excluded  shall  be  determined,  and  no  such  debt  shall  be  ex- 
cluded  except  in  accordance  with  the  determination  so  prescribed. 
The  legislature  may  in  its  discretion  confer  appropriate  jurisdic- 
tion on  the  appellate  division  of  the  supreme  court  in  the  first 
judicial  department  for  the  purpose  of  determining  the  amount 
of  any  debt  to  be  so  excluded.  No  indebtedness  of  a  city  valid 
at  the  time  of  its  inception  shall  thereafter  become  invalid  by  rea- 
son  of  the  operation  of  any  of  the  provisions  of  this  section.  When- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      207 

Article  VIII,  §   10 

ever  the  boundaries  of  any  city  are  the  same  as  those  of  a  county, 
or  when  any  city  shall  include  within  its  boundaries  more  than  one 
county,  the  power  of  any  county  wholly  included  within  such  city 
to  become  indebted  shall  cease,  but  the  debt  of  the  county,  here- 
tofore existing,  shall  not,  for  the  purposes  of  this  section,  be 
reckoned  as  a  part  of  the  city  debt.  The  amount  hereafter  to  be 
raised  by  tax  for  county  or  city  purposes,  in  any  county  contain- 
ing a  city  of  over  one  hundred  thousand  inhabitants,  or  any  such 
city  of  this  state,  in  addition  to  providing  for  the  principal  and 
interest  of  existing  debt,  shall  not  in  the  aggregate  exceed  in  any 
one  year  two  per  centum  of  the  assessed  valuation  of  the  real  and 
personal  estate  of  such  county  or  city,  to  be  ascertained  as  pre- 
scribed in  this  section  in  respect  to  county  or  city  debt. 

1908.  S.  No.  1118  (Int.  588).     To  A.    Amended,  A.  No.  2257.    To  Sec.  of 

State. 

S.  J.  332,  533,  784,  914,  932,  1150,  1391. 
A.  J.  2055,  2120,  2134,  2279,  2350,  2351. 

1909.  S.  No.  671  (Int.  65).  (Same  as  A.  No.  988.)  To  Sec.  of  State. 

S.  J.  21,  401,  664,  720,  806,  817,  868,  1493. 

A.  J.  1826,  2459,  2471,  2532. 
A.  No.  988  (Int.  889).  (Same  as  S.  No.  671.) 

A.  J.  556,  1438,  1561,  1647,  1653. 
Adopted  Nov.  2,  1909. 

Vote:   for,  290,795;  against,  207,781. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Limitation  of  indebtedness  of  cities  —  debts  for  water  supply  excepted 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of 
any  individual,  association  or  corporation,  or  become  directly  or 
indirectly  the  owner  of  stock  in,  or  bonds  of,  any  association 
or  corporation;  nor  shall  any  such  county,  city,  town  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county,  city, 
town  or  village  purposes.  This  section  shall  not  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor  as  may  be  authorized  by  law.  JsTo 
county  or  city  shall  be  allowed  to  become  indebted  for  any  pur- 
pose or  in  any  manner  to  an  amount  which,  including  existing 
indebtedness,  shall  exceed  ten  per  centum  of  the  assessed  valua- 
tion of  the  real  estate  of  such  county  or  city  subject  to  taxation, 
as  it  appeared  by  the  assessment  rolls  of  said  county  or  city  on 
the  last  assessment  for  state  or  county  taxes  prior  to  the  in- 
curring of  such  indebtedness ;  and  all  indebtedness  in  excess  of 


208          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VIII,  §  10 

such  limitation,  except  such  as  now  may  exist,  shall  be  absolutely 
void,  except  as  herein  otherwise  provided.  No  county  or  city 
whose  present  indebtedness  exceeds  ten  per  centum  of  the 
assessed  valuation  of  its  real  estate  subject  to  taxation,  shall  be 
allowed  to  become  indebted  in  any  further  amount  until  such 
indebtedness  shall  be  reduced  within  such  limit.  This  section 
shall  not  be  construed  to  prevent  the  issuing  of  certificates  of 
indebtedness  or  revenue  bonds  issued  in  anticipation  of  the  col- 
lection of  taxes  for  amounts  actually  contained  or  to  be  con- 
tained in  the  taxes  for  the  year  when  such  certificates  or  revenue 
bonds  are  issued  and  payable  out  of  such  taxes;  nor  to  prevent 
the  city  of  New  York  from  issuing  bonds  to  be  redeemed  out 
of  the  tax  levy  for  the  year  next  succeeding  the  year  of  their 
issue,  provided  that  the  amount  of  such  bonds  which  may  be 
issued  in  any  one  year  in  excess  of  the  limitations  herein  con- 
tained shall  not  exceed  one-tenth  of  one  per  centum  of  the  assessed 
valuation  of  the  real  estate  of  said  city  subject  to  taxation.  Nor 
shall  this  section  be  construed  to  prevent  the  issue  of  bonds  to 
provide  for  the  supply  of  water ;  but  the  term  of  the  bonds  issued 
to  provide  the  supply  of  water,  in  excess  of  the  limitation  of  in- 
debtedness fixed  herein,  shall  not  exceed  twenty  years,  and  a  sink- 
ing fund  shall  be  created  on  the  issuing  of  the  said  bonds  for 
their  redemption,  by  raising  annually  a  sum  which  will  produce 
an  amount  equal  to  the  sum  of  the  principal  and  interest  of  said 
bonds  at  their  maturity.  All  certificates  of  indebtedness  or  reve- 
nue bonds  issued  in  anticipation  of  the  collection  of  taxes,  which 
are  not  retired  within  five  years  after  their  date  of  issue,  and 
bonds  issued  to  provide  for  the  supply  of  water,  and  any  debt 
hereafter  incurred  by  any  portion  or  part  of  a  city  if  there  shall 
be  any  such  debt,  shall  be  included  in  ascertaining  the  power 
of  the  city  to  become  otherwise  indebted;  except  that  debts  in- 
curred by  any  city  [the  city  of  New  York  after  the  first  day  of 
January,  nineteen  hundred  and  four,  and  debts  incurred  by  any 
city  of  the  second  class  after  the  first  day  of  January,  nineteen 
hundred  and  eight,  and  debts  incurred  by  any  city  of  the  third 
class  after  the  first  day  of  January,  nineteen  hundred  and  ten] 
to  provide  for  the  supply  of  water,  shall  not  be  so  included ;  and 
except  further  that  any  debt  hereafter  incurred  by  the  city  of 
New  York  for  a  public  improvement  owned  or  to  be  owned  by 
the  city,  which  yields  to  the  city  current  net  revenue,  after  making 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      209 

Article  VIII,  §   10 

any  necessary  allowances  for  repairs  and  maintenance  for  which 
the  city  is  liable,  in  excess  of  the  interest  on  said  debt  and  of  the 
annual  installments  necessary  for  its  amortization  may  be  ex- 
cluded in  ascertaining  the  power  of  said  city  to  become  other- 
wise indebted,  provided  that  a  sinking  fund  for  its  amortization 
shall  have  been  established  and  maintained  and  that  the  indebted- 
ness shall  not  be  so  excluded  during  any  period  of  time  when 
the  revenue  aforesaid  shall  not  be  sufficient  to  equal  the  said 
interest  and  amortization  installments,  and  except  further  that 
any  indebtedness  heretofore  incurred  by  the  city  of  New  York 
for  any  rapid  transit  or  dock  investment  may  be  so  excluded 
proportionately  to  the  extent  to  which  the  current  net  revenue 
received  by  said  city  .therefrom  shall  meet  the  interest  and 
amortization  installments  thereof,  provided  that  any  increase  in 
the  debt  incurring  power  of  the  city  of  New  York  which  shall 
result  from  the  exclusion  of  debts  heretofore  incurred  shall  be 
available  only  for  the  acquisition  or  construction  of  properties 
to  be  used  for  rapid  transit  or  dock  purposes.  The  legislature 
shall  prescribe  the  method  by  which  and  the  terms  and  conditions 
under  which  the  amount  of  any  debt  to  be  so  excluded  shall  be 
determined,  and  no  such  debt  shall  be  excluded  except  in 
accordance  with  the  determination  so  prescribed.  The  legislature 
may  in  its  discretion  confer  appropriate  jurisdiction  on  the  ap- 
pellate division  of  the  supreme  court  in  the  first  judicial  depart- 
ment for  the  purpose  of  determining  the  amount  of  any  debt  to 
be  so  excluded.  No  indebtedness  of  a  city  valid  at  the  time  of 
its  inception  shall  thereafter  become  invalid  by  reason  of  the 
operation  of  any  of  the  provisions  of  this  section.  Whenever 
the  boundaries  of  any  city  are  the  same  as  those  of  a  county,  or 
when  any  city  shall  include  within  its  boundaries  more  than  one 
county,  the  power  of  any  county  wholly  included  within  such 
city  to  become  indebted  shall  cease,  but  the  debt  of  the  county, 
heretofore  existing  shall  not,  for  the  purposes  of  this  section, 
be  reckoned  as  a  part  of  the  city  debt.  The  amount  hereafter 
to  be  raised  by  tax  for  county  or  city  purposes,  in  any  county 
containing  a  city  of  over  one  hundred  thousand  inhabitants,  or 
any  such  city  of  this  state,  in  addition  to  providing  for  the  prin- 
cipal and  interest  of  existing  debt,  shall  not  in  the  aggregate 
exceed  in  any  one  year  two  per  centum  of  the  assessed  valuation 
of  the  real  and  personal  estate  of  such  county  or  city,  to  be  as- 


210          NEW  YOKE:  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VIII,  §   10 

certained  as  prescribed  in  this  section  in  respect  to  county  or 
city  debt. 

1914.     S.  No.  165  (Int.  165).     (Same  as  A.  No.  165.) 

S.  J.  44. 

A.  No.  165  (Int.  165).     (Same  as  S.  No.  165.) 
A.  J.  79. 

2.    Limitation  of  indebtedness  of  first  class  cities  —  debts  for  water  supply 
excepted 

§  10.  ~No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of 
any  individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or  cor- 
poration; nor  shall  any  such  county,  city,  town  or  village  be  al- 
lowed to  incur  any  indebtedness  except  for  county,  city,  town  or 
villages  purposes.  This  section  shall  not  prevent  such  county,  city. 
town  or  village  from  making  such  provision  for  the  aid  or  support 
of  its  poor  as  may  be  authorized  by  law.  No  county  or  city  shall 
be  allowed  to  become  indebted  for  any  purpose  or  in  any  manner 
to  an  amount  which,  including  existing  indebtedness,  shall  exceed 
ten  per  centum  of  the  assessed  valuation  of  the  real  estate  of 
such  county  or  city  subject  to  taxation,  as  it  appeared  by  the 
assessment-rolls  of  said  county  or  city  on  the  last  assessment  for 
state  or  county  taxes  prior  to  the  incurring  of  such  indebtedness ; 
and  all  indebtedness  in  excess  of  such  limitation,  except  such  as 
now  may  exist,  shall  l)e  absolutely  void,  except  as  herein  otherwise 
provided.  No  county  or  city  whose  present  indebtedness  exceeds 
ten  per  centum  of  the  assessed  valuation  of  its  real  estate  subject 
to  taxation,  shall  be  allowed  to  become  indebted  in  any  further 
amount  until  such  indebtedness  shall  be  reduced  within  such 
limit.  This  section  shall  not  be  construed  to  prevent  the  issuing 
of  certificates  of  indebtedness  or  revenue  bonds  issued  in  antici- 
pation of  the  collection  of  taxes  for  amounts  actually  contained 
or  to  be  contained  in  the  taxes  for  the  year  when  such  certificates 
or  revenue  bonds  are  issued  and  payable  out  of  such  taxes;  nor 
to  prevent  the  city  of  New  York  from  issuing  bonds  to  be  re- 
deemed out  of  the  tax  levy  for  the  year  next  succeeding  the  year 
of  their  issue,  provided  that  the  amount  of  such  bonds  which 
may  be  issued  in  any  one  year  in  excess  of  the  limitations  herein 
contained  shall  not  exceed  one-tenth  of  one  per  centum  of  the 
assessed  valuation  of  the  real  estate  of  said  city  subject  to  taxa- 
tion. Nor  shall  this  section  be  construed  to  prevent  the  issue  of 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      211 

Article  VIII,  §   10 

bonds  to  provide  for  the  supply  of  water;  but  the  term  of  the 
bonds  issued  to  provide  the  supply  of  water,  in  excess  of  the 
limitation  of  indebtedness  fixed  herein,  shall  not  exceed  twenty 
years,  and  a  sinking  fund  shall  be  created  on  the  issuing  of  the 
said  bonds  for  their  redemption,  by  raising  annually  a  sum 
which  will  produce  an  amount  equal  to  the  sum  of  the  principal 
and  interest  of  said  bonds  at  their  maturity.  All  certificates  of 
indebtedness  or  revenue  bonds  issued  in  anticipation  of  the  collec- 
tion of  taxes,  wrhich  are  not  retired  within  five  years  after  their 
date  of  issue,  and  bonds  issued  to  provide  for  the  supply  of  water, 
and  any  debt  hereafter  incurred  by  any  portion  or  part  of  a  city 
if  there  shall  be  any  such  debt,  shall  be  included  in  ascertaining 
the  power  of  the  city  to  become  otherwise  indebted;  except  that 
debts  incurred  by  [the  city  of  New  York]  cities  of  the  first  class 
after  the  first  day  of  January,  nineteen  hundred  and  four,  and 
debts  incurred  by  any  city  of  the  second  class  after  the  first  day  of 
January,  nineteen  hundred  and  eight,  and  debts  incurred  by  any 
city  of  the  third  class  after  the  first  day  of  January,  nineteen 
hundred  and  ten,  to  provide  for  the  supply  of  water,  shall  not 
be  so  included ;  and  except  further  that  any  debt  hereafter  incurred 
by  the  city  of  New  York  for  a  public  improvement  owned  or  to 
be  owned  by  the  city,  which  yields  to  the  city  current  net  revenue, 
after  making  any  necessary  allowance  for  repairs  and  mainte- 
nance for  which  the  city  is  liable,  in  excess  of  the  interest  on  said 
debt  and  of  the  annual  instalments  necessary  for  its  amortization 
may  be  excluded  in  ascertaining  the  power  of  said  city  to  become 
otherwise  indebted,  provided  that  a  sinking  fund  for  its  amortiza- 
tion shall  have  been  established  and  maintained  and  that  the 
indebtedness  shall  not  be  so  excluded  during  any  period  of  time 
when  the  revenue  aforesaid  shall  not  be  sufficient  to  equal  the 
said  interest  and  amortization  instalments,  and  except  further  that 
any  indebtedness  heretofore  incurred  by  the  city  of  New  York 
for  any  rapid  transit  or  dock  investment  may  be  so  excluded 
proportionately  to  the  extent  to  which  the  current  net  revenue 
received  by  said  city  therefrom  shall  meet  the  interest  and  amorti- 
zation installments  thereof,  provided  that  any  increase  in  the  debt 
incurring  power  of  the  city  of  New  York  which  shall  result  from 
the  exclusion  of  debts  heretofore  incurred  shall  be  available  only 
for  the  acquisition  or  construction  of  properties  to  be  used  for 
rapid  transit  or  dock  purposes.  The  legislature  shall  prescribe 


212          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VIII,  §   10 

the  method  by  which  and  the  terms  and  conditions  under  which 
the  amount  of  any  debt  to  be  so  excluded  shall  be  determined, 
and  no  such  debt  shall  be  excluded  except  in  accordance  with  the 
determination  so  prescribed.  The  legislature  may  in  its  discre- 
tion confer  appropriate  jurisdiction  on  the  appellate  division  of 
the  supreme  court  £in  the  first  judicial  department]  for  the 
purpose  of  determining  the  amount  of  any  debt  to  be  so  excluded. 
No  indebtedness  of  a  city  valid  at  the  time  of  its  inception  shall 
thereafter  become  invalid  by  reason  of  the  operation  of  any  of  the 
provisions  of  this  section.  Whenever  the  boundaries  of  any  city 
are  the  same  as  those  of  a  county,  or  when  any  city  shall  include 
within  its  boundaries  more  than  one  county,  the  power  of  any 
county  wholly  included  within  such  city  to  become  indebted  shall 
cease,  but  the  debt  of  the  county,  heretofore  existing,  shall  not, 
for  the  purposes  of  this  section,  be  reckoned  as  a  part  of  the  city 
debt.  The  amount  hereafter  to  be  raised  by  tax  for  county  or  city 
purposes,  in  any  county  containing  a  city  of  over  one  hundred 
thousand  inhabitants,  or  any  such  city  of  this  state,  in  addition 
to  providing  for  the  principal  and  interest  of  existing  debt,  shall 
not  in  the  aggregate  exceed  in  any  one  year  two  per  centum  of  the 
assessed  valuation  of  the  real  and  personal  estate  of  such  county  or 
city,  to  be  ascertained  as  prescribed  in  this  section  in  respect  to 
county  or  city  debt. 

1913.     A.  No.  81  (Int.  81).     (Same  as  '8.  No.  100.)     To  S. 
A.  J.  46,  215,  236,  244,  257,  274. 
S.  J.  158. 

S.  No.  100  (Int.  99).     (Same  as  A.  No.  81.) 
S.  J.  36. 

3.    Limitation  of  indebtedness  of  third  class  cities  —  debts  for  water  supply 
excepted 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or 
corporation;  nor  shall  any  such  county,  city,  town  or  village  be 
allowed  to  incur  any  indebtedness  except  for  county,  city,  town 
or  village  purposes.  This  section  shall  not  prevent  such  county, 
city,  town  or  village  from  making  such  provision  for  the  aid  or 
support  of  its  poor  as  may  be  authorized  by  law.  No  county 
or  city  shall  be  allowed  to  become  indebted  for  any  purpose  or  in 
any  manner  to  an  amount  which,  including  existing  indebtedness, 
shall  exceed  ten  per  centum  of  the  assessed  valuation  of  the  real 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      213 

Article  VIII,  §   10 

estate  of  such  county  or  city  subject  to  taxation,  as  it  appeared 
by  the  assessment  rolls  of  said  county  or  city  on  the  last  assessment 
for  state  or  county  taxes  prior  to  the  incurring  of  such  in- 
debtedness; and  all  indebtedness  in  excess  of  such  limitations, 
except  such  as  now  may  exist,  shall  be  absolutely  void,  except 
as  herein  otherwise  provided.  No  county  or  city,  whose  present 
indebtedness  exceeds  ten  per  centum  of  the  assessed  valuation 
of  its  real  estate  subject  to  taxation,  shall  be  allowed  to  become 
indebted  in  any  further  amount  until  such  indebtedness  shall  be 
reduced  within  such  limit.  This  section  shall  not  be  construed 
to  prevent  the  issuing  of  certificates  of  indebtedness  or  revenue 
bonds  issued  in  anticipation  of  the  collection  of  taxes  for  amounts 
actually  contained,  or  to  be  contained  in  the  taxes  for  the  year 
when  such  certificates  or  revenue  bonds  are  issued  and  payable 
out  of  such  taxes.  Nor  shall  this  section  be  construed  to  pre- 
vent the  issue  of  bonds  to  provide  for  the  supply  of  water; 
but  the  term  of  the  bonds  issued  to  provide  the  supply  of  water 
shall  not  exceed  twenty  years,  and  a  sinking  fund  shall  be 
created  on  the  issuing  of  the  said  bonds  for  their  redemption, 
by  raising  annually  a  sum  which  will  produce  an  amount  equal 
to  the  sum  of  the  principal  and  interest  of  said  bonds  at  their 
maturity.  All  certificates  of  indebtedness  or  revenue  bonds 
issued  in  anticipation  of  the  collection  of  taxes,  which  are  not 
retired  within  five  years  after  their  date  of  issue,  and  bonds 
issued  to  provide  for  the  supply  of  water,  and  any  debt  hereafter 
incurred  by  any  portion  or  part  of  a  city,  if  there  shall  be  any 
such  debt,  shall  be  included  in  ascertaining  the  power  of  the 
city  to  become  otherwise  indebted;  except  that  debts  incurred 
by  the  city  of  New  York  after  the  first  day  of  January,  nineteen 
hundred  and  four,  and  debts  incurred  by  any  city  of  the  second 
class  after  the  first  day  of  January,  nineteen  hundred  and  eight, 
and  debts  incurred  by  any  city  of  the  third  class  after  the  first 
day  of  January,  nineteen  hundred  and  ten,  to  provide  for  the 
supply  of  water  shall  not  be  so  included.  Whenever  the  bound- 
aries of  any  city  are  the  same  as  those  of  a  county,  or  when  any 
city  shall  include  within  its  boundaries  more  than  one  county, 
the  power  of  any  county  wholly  included  within  such  city  to 
become  indebted  shall  cease,  but  the  debt  of  the  county,  hereto- 
fore existing,  shall  not,  for  the  purposes  of  this  section,  be 
reckoned  as  a  part  of  the  city  debt.  The  amount  hereafter  to  be 


214  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VIII,  §   10 

raised  by  tax  for  county  or  city  purposes,  in  any  county  containing 
a  city  of  over  one  hundred  thousand  inhabitants,  or  any  such 
city  of  this  state,  in  addition  to  providing  for  the  principal  and 
interest  of  existing  debt,  shall  not  in  the  aggregate  exceed  in  any 
one  year  two  per  centum  of  the  assessed  valuation  of  the  real  and 
personal  estate  of  such  county  or  city,  to  be  ascertained  as  pre- 
scribed in  this  section  in  respect  to  county  or  city  debt. 

1908.     A.  No.  1226  (Int.  1020).     (Same  as  S.  No.  641.)     To  S. 
A.  J.  637,  784,  875,  906,  945,  1004. 
S.  J.  485. 

S.  No.  641  (Int.  549).     (Same  as  A.  No.  1226.) 
S.  J.  289. 

4.    Limitation  of  indebtedness  of  counties  and  cities  —  debts  for  railroads 
or  docks  excepted 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  indi- 
rectly the  owner  of  stock  in,  or  bonds  of,  any  association  or  cor- 
poration; nor  shall  any  such  county,  city,  town  or  village  be  al- 
lowed to  incur  any  indebtedness  except  for  county,  city,  town  or 
village  purposes.  This  section  shall  not  prevent  such  county,  city, 
town  or  village  from  making  such  provision  for  the  aid  or  support 
of  its  poor  as  may  be  authorized  by  law.  No  county  or  city  shall 
be  allowed  to  become  indebted  for  any  purpose  or  in  any  manner 
to  an  amount  which,  including  existing  indebtedness,  shall  exceed 
ten  per  centum  of  the  assessed  valuation  of  the  real  estate  of  such 
county  or  city  subject  to  taxation,  as  it  appeared  by  the  assessment 
rolls  of  said  county  or  city  on  the  last  assessment  for  state  or  county 
taxes  prior  to  the  incurring  of  such  indebtedness ;  and  all  indebted- 
ness in  excess  of  such  limitation,  except  such  as  now  may  exist, 
shall  be  absolutely  void,  except  as  herein  otherwise  provided.  No 
county  or  city  whose  present  indebtedness  exceeds  ten  per  centum 
of  the  assessed  valuation  of  its  real  estate  subject  to  taxation,  shall 
be  allowed  to  become  indebted  in  any  further  amount  until  such 
indebtedness  shall  be  reduced  within  such  limit.  This  section  shall 
not  be  construed  to  prevent  the  issuing  of  certificates  of  indebted- 
ness or  revenue  bonds  issued  in  anticipation  of  the  collection  of 
taxes  for  amounts  actually  contained,  or  to  be  contained,  in  the 
taxes  for  the  year  when  such  certificates  or  revenue  bonds  are  is- 
sued and  payable  out  of  such  taxes.  Nor  shall  this  section  be  con- 
strued to  prevent  the  issue  of  bonds  to  provide  for  the  supply  of 


II]       AMENDMENTS  ADOPTED  AND  PKOPOSED,  1895-1914      215 

Article  VIII,  §  10 

water  or  the  construction  of  docks  and  railroads;  but  the  term  of 
the  bonds  issued  to  provide  the  supply  of  water  shall  not  exceed 
twenty  years,  and  a  sinking  fund  shall  be  created  on  the  issuing  of 
the  said  bonds  for  their  redemption,  by  raising  annually  a  sum 
which  will  produce  an  amount  equal  to  the  sum  of  the  principal 
and  interest  of  said  bonds  at  their  maturity.  All  certificates  of 
indebtedness  or  revenue  bonds  issued  in  anticipation  of  the  col- 
lection of  taxes,  which  are  not  retired  within  five  years  after  their 
date  of  issue,  and  bonds  issued  to  provide  for  the  supply  of  water, 
and  any  city  debt  hereafter  incurred  by  any  portion  or  part  of  a 
city,  if  there  shall  be  any  such  debt,  shall  be  included  in  ascertain- 
ing the  power  of  the  city  to  become  otherwise  indebted;  except 
that  debts  incurred  by  the  city  of  New  York  after  the  first  day  of 
January,  nineteen  hundred  and  four,  and  debts  incurred  by  any 
city  of  the  second  class  after  the  first  day  of  January,  one  thousand 
nine  hundred  and  eight ;  to  provide  for  the  supply  of  water,  and 
debts  incurred  ~by  the  city  of  New  York  after  the  first  day  of  Jan- 
uary, one  thousand  nine  hundred  and  nine,  for  the  purpose  of  the 
building  of  a  railroad  or  railroads  at  public  expense,  and  bonds 
heretofore  or  hereafter  issued  for  the  purposes  of  the  dock  depart- 
ment, shall  not  be  so  included.  Whenever  the  boundaries  of  any 
city  are  the  same  as  those  of  a  county,  or  when  any  city  shall  in- 
clude within  its  boundaries  more  than  one  county,  the  power  of  any 
county  wholly  included  within  such  city  to  become  indebted  shall 
cease,  but  the  debt  of  the  county,  heretofore  existing,  shall  not, 
for  the  purposes  of  this  section,  be  reckoned  as  a  part  of  the  city 
debt.  The  amount  hereafter  to  be  raised  by  tax  for  county  or  city 
purposes,  in  any  county  containing  a  city  of  over  one  hundred 
thousand  inhabitants,  or  any  such  city  of  this  state,  in  addition  to 
providing  for  the  principal  and  interest  of  existing  debt,  shall  not 
in  the  aggregate  exceed  in  any  one  year  two  per  centum  of  the  as- 
sessed valuation  of  the  real  and  personal  estate  of  such  county  or 
city,  to  be  ascertained  as  prescribed  in  this  section  in  respect  to 
county  or  city  debt. 

1908.     A.  No.  131  (Int.  129). 
A.  J.  55. 

5.     Limitation  of  indebtedness  of  counties  and  cities  —  debts  for  docks, 
subways  and  elevated  roads  excepted 

§  10.  No  coimty,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of 


216  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VIII,  §   10 

any  individual,  association  or  corporation,  or  become  directly  or 
indirectly  the  owner  of  stock  in,  or  bonds  of,  any  association  or 
corporation;  nor  shall  any  such  county,  city,  town  or  village  be 
allowed  to  incur  any  indebtedness  except  for  county,  city,  town 
or  village  purposes.  This  section  shall  not  prevent  such  county, 
city,  town  or  village  from  making  such  provision  for  the  aid  or 
support  of  its  poor  as  may  be  authorized  by  law.  Xo  county  or 
city  shall  be  allowed  to  become  indebted  for  any  purpose  or  in  any 
manner  to  an  amount  which,  including  existing  indebtedness,  shall 
exceed  ten  per  centum  of  the  assessed  valuation  of  the  real  estate 
of  such  county  or  city  subject  to  taxation,  as  it  appeared  by  the 
assessment  rolls  of  said  county  or  city  on  the  last  assessment  for 
state  or  county  taxes  prior  to  the  incurring  of  such  indebtedness ; 
and  all  indebtedness  in  excess  of  such  limitation,  except  such  as 
now  may  exist,  shall  be  absolutely  void,  except  as  herein  otherwise 
provided.  No  county  or  city  whose  present  indebtedness  exceeds 
ten  per  centum  of  the  assessed  valuation  of  its  real  estate  subject 
to  taxation,  shall  be  allowed  to  become  indebted  in  any  further 
amount  until  such  indebtedness  shall  be  reduced  within  such  limit. 
This  section  shall  not  be  construed  to  prevent  the  issuing  of  cer- 
tificates of  indebtedness  or  revenue  bonds  issued  in  anticipation 
of  the  collection  of  taxes  for  amounts  actually  contained,  or  to  be 
contained  in  the  taxes  for  the  year  when  such  certificates  or  rev- 
enue bonds  are  issued  and  payable  out  of  such  taxes.  Nor  shall 
this  section  be  construed  to  prevent  the  issue  of  bonds  to  provide 
for  the  supply  of  water  or  the  construction  of  docks,  subways  and 
elevated  railroads;  but  the  term  of  the  bonds  issued  to  provide  for 
the  supply  of  water  and  the  building  or  acquirement  of  docks  shall 
not  exceed  twenty  years,  and  the  term  of  the  bonds  issued  for  the 
construction  of  subways  or  elevated  railroads  shall  not  exceed  fifty 
years,  and  a  sinking  fund  shall  be  created  on  the  issuing  of  the 
said  bonds  for  the  redemption,  by  raising  annually  a  sum  which 
will  produce  an  amount  equal  to  the  sum  of  the  principal  and  in- 
terest of  said  bonds  at  their  maturity.  All  certificates  of  indebted- 
ness or  revenue  bonds  issued  in  anticipation  of  the  collection  of 
taxes,  which  are  not  retired  within  five  years  after  their  date  of 
issue,  and  bonds  issued  to  provide  for  the  supply  of  water,  and 
any  debt  hereafter  incurred  by  any  portion  or  part  of  a  city,  if 
there  shall  be  any  such  debt,  shall  be  included  in  ascertaining  the 
power  of  the  city  to  become  otherwise  indebted ;  except  that  debts 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      217 

Article  VIII,  §   10 

incurred  by  the  city  of  N&w  York  after  the  first  day  of  January, 
nineteen  hundred  and  four,  and  debts  incurred  by  any  city  of  the 
second  class  after  the  first  day  of  January,  nineteen  hundred  and 
eight,  to  provide  for  the  supply  of  water,  and  debts  incurred  by 
the  city  of  New  York  after  the  first  day  of  January,  nineteen  hun- 
dred and  nine  to  provide  for  docks,  subways  or  elevated  railroads^ 
shall  not  be  so  included.  Whenever  the  boundaries  of  any  city  are 
the  same  as  those  of  a  county,  or  when  any  city  shall  include  within 
its  boundaries  more  than  one  county,  the  power  of  any  county 
wholly  included  within  such  city  to  become  indebted  shall  cease, 
but  the  debt  of  the  county,  heretofore  existing,  shall  not,  for  the 
purposes  of  this  section,  be  reckoned  as  a  part  of  the  city  debt. 
The  amount  hereafter  to  be  raised  by  tax  for  county  or  city  pur- 
poses, in  any  county  containing  a  city  of  over  one  hundred  thou- 
sand inhabitants,  or  any  such  city  of  this  state,  in  addition  to  pro- 
viding for  the  principal  and  interest  of  existing  debt,  shall  not  in 
the  aggregate  exceed  in  any  one  year  two  per  centum  of  the  assessed 
valuation  of  the  real  and  personal  estate  of  such  county  or  city,  to 
be  ascertained  as  prescribed  in  this  section  in  respect  to  county  or 
city  debt. 

1908.     S.  No.  60  (Int.  60).     (Same  as  A.  No.  121.) 

S.  J.  25. 

A.  No.  121  (Int.  120).     (Same  as  S.  No.  60.) 
A.  J.  52. 

6.    Limitation  of  indebtedness  of  New  York  city  to  fifteen  per  cent  of 
assessed  valuation 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or  cor- 
poration ;  nor  shall  any  such  county,  city,  town  or  village  be  al- 
lowed to  incur  any  indebtedness  except  for  county,  city,  town  or 
village  purposes.  This  section  shall  not  prevent  such  county,  city, 
town  or  village  from  making  such  provision  for  the  aid  or  support 
of  its  poor  as  it  may  be  authorized  by  law.  No  county  or  city 
shall  be  allowed  to  become  indebted  for  any  purpose  or  in  any 
manner  [to]  in  amount  which,  including  existing  indebtedness, 
shall  exceed  ten  per  centum  of  the  assessed  valuation  of  the  real 
estate  of  such  county  or  city  subject  to  taxation,  as  it  appeared  by 
the  assessment  rolls  of  said  county  or  city  011  the  last  assessment 
for  state  or  county  taxes  prior  to  the  incurring  of  such  indebted- 


218          NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VIII,  §   10 

ness ;  and  all  indebtedness  in  excess  of  such  limitation,  except  such 
as  may  now  exist,  shall  be  absolutely  void,  except  as  herein  other- 
wise provided.  No  county  or  city  whose  present  indebtedness  ex- 
ceeds ten  per  centum  of  the  assessed  valuation  of  its  real  estate 
subject  to  taxation,  shall  be  allowed  to  become  indebted  in  any 
further  amount  until  such  indebtedness  shall  be  reduced  within 
such  limit.  This  section  shall  not  be  construed  to  prevent  the  issu- 
ing of  certificates  of  indebtedness  or  revenue  bonds  issued  in  an- 
ticipation of  the  collection  of  taxes  for  amounts  actually  contained, 
or  to  be  contained  in  the  taxes  for  the  year  when  such  certificates 
or  revenue  bonds  are  issued  and  payable  out  of  such  taxes.  Xor 
shall  this  section  be  construed  to  prevent  the  issue  of  bonds  to  pro- 
vide the  supply  of  water;  but  the  term  of  the  bonds  issued  to 
provide  the  supply  of  water  shall  not  exceed  twenty  years,  and  a 
sinking  fund  shall  be  created  on  the  issuing  of  said  bonds  for  their 
redemption,  by  raising  annually  a  sum  which  will  provide  an 
amount  equal  to  the  sum  of  the  principal  and  interest  of  said 
bonds  at  their  maturity.  All  certificates  of  indebtedness  or  rev- 
enue bonds  issued  in  anticipation  of  the  collection  of  taxes,  which 
are  not  retired  within  five  years  after  their  date  of  issue,  and 
bonds  issued  [to  provide]  for  the  supply  of  water,  and  any  debt 
hereafter  incurred  by  any  portion  or  part  of  a  city,  if  there  shall 
be  any  such  debt,  shall  be  included  in  ascertaining  the  power  of 
the  city  to  become  otherwise  indebted.  Whenever  hereafter  the 
boundaries  of  any  city  [are]  shall  become  the  same  as  those  of  a 
county,  [or  when  any  city  shall  include  within  its  boundaries 
more  than  one  county,]  the  power  of  [any]  the  county  [wholly 
included  within  such  city]  to  become  indebted  shall  cease,  but  the 
debt  of  the  county  [heretofore]  at  that  time  existing  [shall]  not 
to  [for  the  purposes  of  this  section]  be  [reckoned]  included  as  a 
part  of  the  city  debt.  The  amount  hereafter  to  be  raised  by  tax 
for  county  or  city  purposes,  in  any  county  containing  a  city  of 
over  one  hundred  thousand  inhabitants,  or  any  such  city  of  this 
state,  in  addition  to  providing  for  the  principal  and  interest  of 
existing  debt,  shall  not  in  the  aggregate  exceed  in  any  one  year 
two  per  centum  of  the  assessed  valuation  of  the  real  and  personal 
estate  of  such  county  or  city,  to  be  ascertained  and  prescribed  in 
this  section  in  respect  to  county  or  city  debt.  Provided,  however, 
notwithstanding  anything  hereinbefore  contained,  the  city  of  New 
York  may  incur  indebtedness  up  to,  but  not  exceeding  fifteen  per 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      219 

Article  VIII,  §   10 

centum  of  the  assessed  valuation  of  the  real  estate  of  said  city  sub- 
ject to  taxation  as  it  appeared  by  the  assessment  rolls  of  said  city 
on  the  last  assessment  for  city  and  county  taxes  prior  to  the  'in- 
curring of  such  indebtedness. 

1905.     A.  No.  829  (Int.  730). 
A.  J.  450. 

7.     Limitation  of  indebtedness  of  New  York  city  —  certain  bonds  excepted 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  indi- 
rectly the  owner  of  stock  in,  or  bonds  of,  any  association  or  cor- 
poration ;  nor  shall  any  such  county,  city,  town  or  village  be  al- 
lowed to  incur  any  indebtedness  except  for  county,  city  [or],  town 
or  village  purposes.  This  section  shall  not  prevent  such  county, 
city,  town  or  village  from  making  such  provision  for  the  aid  or 
support  of  its  poor  as  may  be  authorized  by  law.  No  county,  or 
city  shall  be  allowed  to  become  indebted  for  any  purpose  or  in  any 
manner  to  an  amount  which,  including  existing  indebtedness,  shall 
exceed  ten  per  centum  of  the  assessed  valuation  of  the  real  estate 
of  such  county  or  city  subject  to  taxation,  as  it  appeared  by  the 
assessment  and  rolls  of  said  county  or  city  on  the  last  assessment 
for  state  or  county  taxes  prior  to  the  incurring  of  such  indebted- 
ness; and  all  indebtedness  in  excess  of  such  limitation,  except 
such  as  [now  may]  may  now  exist,  shall  be  absolutely  void,  except 
as  herein  otherwise  provided.  No  county  or  city  whose  present 
indebtedness  exceeds  ten  per  centum  of  the  assessed  valuation  of 
its  real  estate  subject  to  taxation,  shall  be  allowed  to  become  in- 
debted in  any  further  amount  until  such  indebtedness  shall  be  re- 
duced within  such  limit.  This  section  shall  not  be  construed  to 
prevent  [the]  issuing  of  certificates  of  indebtedness  or  revenue 
bonds  issued  in  anticipation  of  the  collection  of  taxes  for  amounts 
actually  contained,  or  to  be  contained,  in  the  taxes  for  the  year 
when  such  certificates  or  revenue  bonds  are  issued  and  payable  out 
of  such  taxes.  Nor  shall  this  section  be  construed  to  prevent  the 
issue  of  bonds  to  provide  for  the  supply  of  water ;  but  the  [terms] 
term  of  the  bonds  issued  to  provide  the  supply  of  water  shall  not  ex- 
ceed twenty  years,  and  a  sinking  fund  shall  be  created  on  the  issu- 
ing of  [the]  said  bonds  for  their  redemption  by  raising  annually 
a  sum  which  will  produce  an  amount  equal  to  the  sum  of  the  prin- 
cipal and  interest  of  said  bonds  at  their  maturity.  All  certificates 


220  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VIII,  §   10 

of  indebtedness  or  revenue  bonds  issued  in  anticipation  of  the 
collection  of  taxes,  which  are  not  retired  within  five  years  after 
their  date  of  issue,  and  bonds  issued  to  provide  for  the  supply  of 
water,  and  any  debt  hereafter  incurred  by  any  portion  or  part  of  a 
city,  if  there  shall  be  any  such  debt,  shall  be  included  in  ascertain- 
ing the  power  of  the  city  to  become  otherwise  indebted;  except 
that  debts  incurred  by  the  city  of  New  York  after  the  first  [day] 
of  January,  nineteen  hundred  and  four,  to  provide  for  the  supply 
of  water  shall  not  be  so  included ;  and  with  the  further  exceptions 
that  all  bonds  which  by  their  terms  provide  for  the  payment  of  the 
interest  thereon  from  specified  revenues  to  be  reserved  for  that 
purpose,  and  also  for  the  extinguishment  of  the  principal  thereof 
at  the  end  of  the  life  of  the  bond,  shall  not  be  included  in  ascer- 
taining the  power  of  the  city  of  New  York  to  become  indebted  in 
a  further  amount.  Whenever  the  boundaries  of  any  city  are  the 
same  as  those  [of]  to  a  county,  or  when  any  city  shall  include 
within  its  boundaries  more  than  one  county,  the  power  of  any 
county  wholly  included  within  such  city  to  become  indebted  shall 
cease,  but  the  debt  of  the  county,  heretofore  existing,  shall  not,  for 
the  [purposes]  purpose  of  this  section  be  reckoned  as  part  of  the 
city  debt.  The  amount  hereafter  to  be  raised  by  tax  for  county  or 
city  purposes,  in  any  county,  containing  a  city  of  over  one  hundred 
thousand  inhabitants,  or  any  such  city  of  this  state,  in  addition  to 
providing  for  the  principal  and  interest  of  existing  debt,  shall  not 
in  the  aggregate  exceed  in  any  one  year  two  per  centum  of  the  as- 
sessed valuation  of  the  real  and  personal  estate  of  such  county  or 
city,  to  be  ascertained  as  prescribed  in  this  section  in  respect  to 
county  or  city  debt. 

1906.     S.  No.  332  (Int.  7).     (Same  as  A.  No.  28.) 

S.  J.  9,  142,  163. 

A.  No.  28  (Int.  28).     (Same  as  S.  No.  332.) 
A.  J.  25. 

§  10.  No  county,  city,  town  or- village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or  cor- 
poration; nor  shall  any  such  county,  city,  town  or  village  be  al- 
lowed to  incur  any  indebtedness  except  for  county,  city,  town  or 
village  purposes.  This  section  shall  not  prevent  such  county,  city, 
town  or  village  from  making  such  provision  for  the  aid  or  sup- 
port of  its  poor  as  may  be  authorized  by  law.  No  county  or  city 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      221 

Article  VIII,  §   10 

shall  be  allowed  to  become  indebted  for  any  purpose  or  in  any 
manner  to  an  amount  which,  including  existing  indebtedness,  shall 
exceed  ten  per  centum  of  the  assessed  valuation  of  the  real  estate 
of  such  county  or  city  subject  to  taxation,  as  it  appeared  by  the 
assessment  rolls  of  said  county  or  city  on  the  last  assessment  for 
state  or  county  taxes  prior  to  the  incurring  of  such  indebtedness ; 
and  all  indebtedness  in  excess  of  such  limitation,  except  such  as 
now  may  exist,  shall  be  absolutely  void,  except  as  herein  other- 
wise provided.  ISTo  county  or  city  whose  present  indebtedness  ex- 
ceeds ten  per  centum  of  the  assessed  valuation  of  its  real  estate 
subject  to  taxation,  shall  be  allowed  to  become  indebted  in  any 
further  amount  until  such  indebtedness  shall  be  reduced  within 
such  limit.  This  section  shall  not  be  construed  to  prevent  the 
issuing  of  certificates  of  indebtedness  or  revenue  bonds  issued  in 
anticipation  of  the  collection  of  taxes  for  amounts  actually  con- 
tained, or  to  be  contained  in  the  taxes  for  the  year  when  such  cer- 
tificates or  revenue  bonds  are  issued  and  payable  out  of  such 
taxes[.];  nor  to  prevent  the  city  of  New  York  from  issuing  bonds 
to  be  redeemed  out  of  the  tax  levy  for  the  year  next  succeeding 
the  year  of  their  issue,  provided  that  the  amount  of  such  bonds 
which  may  be  issued  in  any  one  year  in  excess  of  the  limitations 
herein  contained  shall  not  exceed  one-tenth  of  one  per  centum  of 
the  assessed  valuation  of  the  real  estate  of  said  city  subject  to  taxa- 
tion. Nor  shall  this  section  be  construed  to  prevent  the  issue  of 
bonds  to  provide  for  the  supply  of  water ;  but  the  term  of  the  bonds 
issued  to  provide  the  supply  of  water  shall  not  exceed  twenty  years, 
and  a  sinking  fund  shall  be  created  on  the  issuing  of  the  said  bonds 
for  their  redemption,  by  raising  annually  a  sum  which  will  pro- 
duce an  amount  equal  to  the  sum  of  the  principal  and  interest  of 
said  bonds  at  their  maturity.  All  certificates  of  indebtedness  or 
revenue  bonds  issued  in  anticipation  of  the  collection  of  taxes, 
which  are  not  retired  within  five  years  after  their  date  of  issue, 
and  bonds  issued  to  provide  for  the  supply  of  water,  and  any  city 
debt  hereafter  incurred  by  any  portion  or  part  of  a  city,  if  there 
shall  be  any  such  debt,  shall  be  included  in  ascertaining  the  power 
of  the  city  to  become  otherwise  indebted;  except  that  debts  in- 
curred by  the  city  of  New  York  after  the  first  day  of  January, 
nineteen  hundred  and  four,  to  provide  for  the  supply  of  water,  and 
debts  incurred  by  any  city  of  the  second  class  after  the  first  day 
of  January,  nineteen  hundred  and  eight,  to  provide  for  the  supply 


222  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 


Article  VIII,  §   10 


of  water,  shall  not  be  so  included [.];  and  except  further  that  any 
debt  hereafter  incurred  by  the  city  of  New  York  for  a  public  im- 
provement owned  or  to  be  owned  by  the  city,,  which  yields  to  the 
city  current  net  revenue,  after  making  any  necessary  allowance 
for  repairs  and  maintenance  for  which  the  city  should  be  liable, 
in  excess  of  the  interest  on  said  debt  and  of  the  annual  installments 
necessary  for  its  amortization  may  be  excluded  in  ascertaining  the 
power  of  said  city\  to  become  otherwise  indebted,  provided  that  a 
sinking  fund  for  its  amortization  shall  have  been  established  and 
maintained  and  that  the  indebtedness  shall  not  be  so  excluded  dur- 
ing any  period  of  time  when  the  revenue  aforesaid  shall  not  be 
sufficient  to  equal  the  said  interest  and  amortization  installments, 
and  except  further  that  any  indebtedness  heretofore  incurred  by 
the  city  of  New  York  for  any  rapid  transit  or  dock  investment 
may  be  so  excluded  proportionately  to  the  extent  to  which  the  cur- 
rent net  revenue  received  by  said  city  therefrom  shall  meet  the 
interest  and  amortization  installments  thereof,  provided  that  any 
increase  in  the  debt  incurring  power  of  the  city  of  New  York  which 
shall  result  from  the  exclusion  of  debts  heretofore  incurred  shall 
be  available  only  for  the  acquisition  or  construction  of  properties 
to  be  used  for  rapid  transit  or  dock  purposes.  The  legislature  shall 
prescribe  the  method  by  which  and  the  terms  and  conditions  under 
which  the  amount  of  any  debt  to  be  so  excluded  shall  be  deter- 
mined, and  no  such  debt  shall  be  excluded  except  in  accordance 
with  the  determination  so  prescribed.  The  legislature  may  in  its 
discretion  confer  appropriate  jurisdiction  on  the  appellate  division 
of  the  supreme  court  in  the  first  judicial  department  for  the  pur- 
pose of  determining  the  amount  of  any  debt  to  be  so  excluded.  No 
indebtedness  of  a  city  valid  at  the  time  of  its  inception  shall  there- 
after become  invalid  by  reason  of  the  operation  of  any  of  the  pro- 
visions of  this  section.  Whenever  the  boundaries  of  any  city  are 
the  same  as  those  of  a  county,  or  when  any  city  shall  include  within 
its  boundaries  more  than  one  county,  the  power  of  any  county 
wholly  included  within  such  city  to  become  indebted  shall  cease, 
but  the  debt  of  the  county,  heretofore  existing,  shall  not,  for  the 
purposes  of  this  section,  be  reckoned  as  a  part  of  the  city  debt. 
The  amount  hereafter  to  be  raised  by  tax  for  county  or  city  pur- 
poses, in  any  county  containing  a  city  of  over  one  hundred  thou- 
sand inhabitants,  or  any  such  city  of  this  state,  in  addition  to  pro- 
viding for  the  principal  and  interest  of  existing  debt,  shall  not  in 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      223 

Article  VIII,  §   10 

the  aggregate  exceed  in  any  one  year  two  per  centum  of  the  assessed 
valuation  of  the  real  and  personal  estate  of  such  county  or  city,  to 
be  ascertained  as  prescribed  in  this  section  in  respect  to  county  or 
city  debt. 

1908.     A.  No.  2213  (Int.  1043). 

A.  J.  663,  1690,  1831,  1854,  1923,  1979. 

8.     Limitation   of   indebtedness   of   New   York   city  —  debts   for   subways 
excepted 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  in- 
directly the  owner  of  stock  in,  or  bonds  of,  any  association  or  cor- 
poration; nor  shall  any  such  county,  city,  town  or  village  be 
allowed  to  incur  any  indebtedness  except  for  county,  city,,  [orj 
town  or  village  purposes.  This  section  shall  not  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor  as  may  be  authorized  by  law.  ~No  county 
or  city  shall  be  allowed  to  become  indebted  for  any  purpose  or  in 
any  manner  to  an  amount  which,  including  existing  indebtedness, 
shall  exceed  ten  per  centum  of  the  assessed  valuation  of  the  real 
estate  of  such  county  or  city  subject  to  taxation,  as  it  appeared  by 
the  assessment  rolls  of  said  county  or  city  on  the  last  assessment 
for  state  or  county  taxes  prior  to  the  incurring  of  such  indebted- 
ness ;  and  all  indebtedness  in  excess  of  such  limitation,  except  such 
as  [now]  may  exist,  shall  be  absolutely  void,  except  as  herein 
otherwise  provided.  No  county  or  city  whose  present  indebted- 
ness exceeds  ten  per  centum  of  the  assessed  valuation  of  its  real 
estate  subject  to  taxation  shall  be  allowed  to  become  indebted  in 
any  further  amount  until  such  indebtedness  shall  be  reduced 
within  such  limit.  This  section  shall  not  be  construed  to  prevent 
the  issuing  of  certificates  of  indebtedness  or  revenue  bonds  issued 
in  anticipation  of  the  collection  of  taxes  for  amounts  actually  con- 
tained, or  to  be  contained  in  the  taxes  for  the  year  when  such  cer- 
tificates or  revenue  bonds  are  issued  and  payable  out  of  such  taxes. 
Nor  shall  this  section  be  construed  to  prevent  the  issue  of  bonds  to 
provide  for  the  supply  of  water;  nor  for  the  construction  of  sub- 
ways; but  the  term  of  the  bonds  issued  to  provide  the  supply  of 
water  and  the  construction  of  subicay.s  shall  not  exceed  twenty 
years  and  a  sinking  fund  shall  be  created  on  the  issuing  of  the 
said  bonds  for  their  redemption,  by  raising  annually  a  sum  which 


224  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VIII,  §   10 

will  produce  an  amount  equal  to  the  sum  of  the  principal  and 
interest  of  said  bonds  at  their  maturity.  All  certificates  of  in- 
debtedness or  revenue  bonds  issued  in  anticipation  of  the  collection 
of  taxes,  which  are  not  retired  within  five  years  after  their  date 
of  issue,  and  bonds  issued  to  provide  for  the  supply  of  water,  and 
any  debt  hereafter  incurred  by  any  portion  or  part  of  a  city,  if 
there  shall  be  any  such  debt,  shall  be  included  in  ascertaining  the 
power  of  the  city  to  become  otherwise  indebted.  [;  except  that 
debts  incurred  by  the  city  of  New  York  after  the  first  day  of  Janu- 
ary, nineteen  hundred  and  four,  to  provide  for  the  supply  of  water 
shall  not  be  so  included.]  Whenever  hereafter  the  boundaries  of 
any  city  [are]  shall  become  the  same  as  those  of  a  county,  [or 
when  any  city  shall  include  within  its  boundaries  more  than  one 
county,]  the  power  of  [any]  the  county  [wholly  included  within 
such  city]  to  become  indebted  shall  cease,  but  the  debt  of  the 
county  [heretofore]  at  that  time  existing  shall  not  [for  the  pur- 
poses of  this  section,]  be  [reckoned]  included  as  a  part  of  the  city 
debt.  The  amount  hereafter  to  be  raised  by  tax  for  county  or  city 
purposes,  in  any  county  containing  a  city  of  over  one  hundred 
thousand  inhabitants,  or  any  such  city  of  this  state,  in  addition  to 
providing  for  the  principal  and  interest  of  existing  debt,  shall  not 
in  the  aggregate  exceed  in  any  one  year  two  per  centum  of  the  as- 
sessed valuation  of  the  real  and  personal  estate  of  such  county 
or  city,  to  be  ascertained  as  prescribed  in  this  section  in  respect 
to  county  or  city  debt. 

1907.     A.  No.  2159  (Int.  1600). 
A.  J.  1754. 

9.     Limitation  of  indebtedness  of  New  York  city  —  debts  for  subways  and 
docks  excepted 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give 
any  money  or  property,  or  loan  its  money  or  credit  to  or  in  aid 
of  any  individual,  association  or  corporation,  or  become  directly 
or  indirectly  the  owner  of  stock  in,  or  bonds  of,  any  association 
or  corporation;  nor  shall  any  such  county,  city,  town  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county,  city  [or], 
town  or  village  purposes.  This  section  shall  not  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor  as  may  be  authorized  by  law.  No  county, 
or  city  shall  be  allowed  to  become  indebted  for  any  purpose  or 
in  any  manner  to  an  amount  which,  including  existing  indebt- 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      225 
Article  VIII,  §   10 

edness,  shall  exceed  ten  per  centum  of  the  assessed  valuation 
of  the  real  estate  of  such  county  or  city  subject  to  taxation,  as 
it  appeared  by  the  assessment  rolls  of  said  county  or  city  .on 
the  last  assessment  for  state  or  county  taxes  prior  to  the  in- 
curring of  such  indebtedness;  and  all  indebtedness  in  excess  of 
such  limitation,  except  such  as  now  may  exist,  shall  be  absolutely 
void,  except  as  herein  otherwise  provided.  No  county  or  city 
whose  present  indebtedness  exceeds  ten  per  centum  of  the  as- 
sessed valuation  of  its  real  estate  subject  to  taxation,  shall  be 
allowed  to  become  indebted  in  any  further  amount  until  such 
indebtedness  shall  be  reduced  within  such  limit.  This  section 
shall  not  be  construed  to  prevent  the  issuing  of  certificates  of  in- 
debtedness or  revenue  bonds  issued  in  anticipation  of  the  collec- 
tion of  taxes  for  amounts  actually  contained,  or  to  be  contained, 
in  the  taxes  for  the  year  when  such  certificates  or  revenue  bonds 
are  issued  and  payable  out  of  such  taxes.  Nor  shall  this  section 
be  construed  to  prevent  the  issue  of  bonds  to  provide  for  the 
supply  of  water ;  but  the  [terms]  term  of  the  bonds  issued  to  pro- 
vide the  supply  of  water  shall  not  exceed  twenty  years,  and  a  sink- 
ing fund  shall  be  created  on  the  issuing  of  [the]  said  bonds  for 
their  redemption  by  raising  annually  a  sum  which  will  produce  an 
amount  equal  to  the  sum  of  the  principal  and  interest  of  said 
bonds  at  their  maturity.  All  certificates  of  indebtedness  or  rev- 
enue bonds  issued  in  anticipation  of  the  collection  of  taxes,  which 
are  not  retired  within  five  years  after  their  date  of  issue,  and 
bonds  issued  to  provide  for  the  supply  of  water,  and  any  debt 
hereafter  incurred  by  any  portion  or  part  of  a  city,  if  there  shall 
be  any  such  debt,  shall  be  included  in  ascertaining  the  power  of 
the  city  to  become  otherwise  indebted ;  except  that  debts  incurred 
by  the  city  of  New  York  after  the  first  [day]  of  January,  nineteen 
hundred  and  four,  to  provide  for  the  supply  of  water  shall  not 
be  so  included ;  and  for  the  purpose  of  building  and  constructing 
subways  in  the  city  of  New  York,  and  for  the  purpose  of  dock 
improvement  in  the  city  of  New  York,  the  bonds  for  which  provide 
for  payment  of  principal  and  interest  at  the  expiration  of  such 
bonds.  Whenever  the  boundaries  of  any  city  are  the  same  as  those 
[of]  to  a  county,  or  when  any  city  shall  include  within  its  bound- 
aries more  than  one  county,  the  power  of  any  county  wholly  in- 
cluded within  such  city  to  become  indebted  shall  cease,  but  the  debt 
of  the  county,  heretofore  existing,  shall  not,  for  the  purposes  of 


226  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VIII,  §   10 

this  section,  be  reckoned  as  [a]  part  of  the  city  debt.  The  amount 
hereafter  to  be  -raised  by  tax  for  county  or  city  purposes,  in 
any  county,  containing  a  city  of  over  one  hundred  thousand  in- 
habitants, or  any  such  city  of  this  state,  in  addition  to  pro- 
viding for  the  principal  and  interest  of  existing  debt,  shall  not 
in  the  aggregate  exceed  in  any  one  year  two  per  centum  of  the 
assessed  valuation  of  the  real  and  personal  estate  of  such  county 
or  city,  to  be  ascertained  as  prescribed  in  this  section  in  respect 
to  county  or  city  debt. 

1906.     S.  No.  197  (Int.  197). 
S.  J.  67. 

10.     Limitation  of  indebtedness  of  New  York  city  —  debts  for  railroads  and 
docks  excepted 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in 
aid  of  any  individual,  association  or  corporation,  or  become 
directly  or  indirectly  the  owner  of  stock  in,  or  bonds  of,  any 
association  or  corporation;  nor  shall  any  such  county,  city,  town 
or  village  be  allowed  to  incur  any  indebtedness  except  for  county, 
city  [or],  town  or  village  purposes.  This  section  shall  not  prevent 
such  county,  city,  town  or  village  from  making  such  provision  for 
the  aid  or  support  of  its  poor  as  may  be  authorized  by  law.  No 
county  or  city  shall  be  allowed  to  become  indebted  for  any  pur- 
pose or  in  any  manner  to  an  amount  which,  including  existing 
indebtedness,  shall  exceed  ten  per  centum  of  the  assessed  valua- 
tion of  the  real  estate  of  such  county  or  city  subject  to  taxation, 
as  it  appeared  by  the  assessment-rolls  of  said  county  or  city  on 
the  last  assessment  for  state  or  county  taxes  prior  to  the  incur- 
ring of  such  indebtedness ;  and  all  indebtedness  in  excess  of  such 
limitation,  except  such  as  now  may  exist,  shall  be  absolutely  void, 
except  as  herein  otherwise  provided.  No  county  or  city  whose 
present  indebtedness  exceeds  ten  per  centum  of  the  assessed  valua- 
tion of  its  real  estate  subject  to  taxation,  shall  be  allowed  to  be- 
come indebted  in  any  further  amount  until  such  indebtedness 
shall  be  reduced  within  such  limit.  This  section  shall  not  be 
construed  to  prevent  the  issuing  of  certificates  of  indebtedness 
or  revenue  bonds  issued  in  anticipation  of  the  collection  of  taxes 
for  amounts  actually  contained,  or  to  be  contained,  in  the  taxes 
for  the  year  when  such  certificates  or  revenue  bonds  are  issued 
and  payable  out  of  such  taxes.  Nor  shall  this  section  be  con- 


II]       AMENDMENTS  ADOPTED  AND  PKOPOSED,  1895-1914      227 

Article  VIII,  §   10 

strued  to  prevent  the  issue  of  bonds  to  provide  for  the  supply  of 
water;  but  the  [terms]  term  of  the  bonds  issued  to  provide  the 
supply  of  water  shall  not  exceed  twenty  years,  and  a  sinking  fund 
shall  be  created  on  the  issuing  of  the  said  bonds  for  their  redemp- 
tion, by  raising  annually  a  sum  which  will  produce  an  amount 
equal  to  the  sum  of  the  principal  and  interest  of  said  bonds  at  their 
maturity.  All  certificates  of  indebtedness  or  revenue  bonds  issued 
in  anticipation  of  the  collection  of  taxes,  which  are  not  retired 
within  five  years  after  their  date  of  issue,  and  bonds  issued  to 
provide  for  the  supply  of  water,  and  any  debt  hereafter  in- 
curred by  any  portion  or  part  of  a  city,  if  there  shall  be  any 
such  debt,  shall  be  included  in  ascertaining  the  power  of  the  city 
to  become  otherwise  indebted;  except  that  debts  incurred  by  the 
city  of  Xew  York  after  the  first  day  of  January,  nineteen  hun- 
dred and  four,  to  provide  for  the  supply  of  water,  and  for  the 
purpose  of  the  building  of  a  railroad  or  railroads  at  public  ex- 
pense, and  bonds  heretofore  or  hereafter  issued  for  the  purposes 
of  the  dock  department,  shall  not  be  so  included.  Whenever  the 
boundaries  of  any  city  are  the  same  as  those  of  a  county,  or  when 
any  city  shall  include  within  its  boundaries  more  than  one  county, 
the  power  of  any  county  wholly  included  within  such  city  to 
become  indebted  shall  cease,  but  the  debt  of  the  county,  heretofore 
existing,  shall  not,  for  the  purposes  of  this  section,  be  reckoned 
as  a  part  of  the  city  debt.  The  amount  hereafter  to  be  raised  by 
tax  for  county  or  city  purposes,  in  any  county  containing  a  city 
of  over  one  hundred  thousand  inhabitants,  or  any  such  city  of 
this  state,  in  addition  to  providing  for  the  principal  and  interest 
of  existing  debt,  shall  not  in  the  aggregate  exceed  in  any  one 
year  two  per  centum  of  the  assessed  valuation  of  the  real  and 
personal  estate  of  such  county  or  city,  to  be  ascertained  as  pre- 
scribed in  this  section  in  respect  to  county  or  city  debt. 

1906.  S.  No.  498  (Int.  96).  (Same  as  A.  No.  203.)  To  A. 

S.  J.  34,  261,  381,  397,  417. 
A.  J.  890,  1834,  1934,  2108,  2208,  2394. 
A.  No.  203  (Int.  203).  (Same  as  S.  No.  498.) 
A.  J.  75. 

1907.  A.  No.  1308  (Int.  1103). 

A.  J.  680. 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of 
any  individual,  association  or  corporation,  or  become  directly  or 
indirectly  the  owner  of  stock  in,  or  bonds  of,  any  association  or 


228  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  VIII,  §   10 

corporation;  nor  shall  any  such  county,  city,  town  or  village  be 
allowed  to  incur  any  indebtedness  except  for  county,  city  or  town 
or  village  purposes.  This  section  shall  not  prevent  such  county, 
city,  town  or  village  from  making  such  provision  for  the  aid  or 
support  of  its  poor  as  may  be  authorized  by  law.  No  county  or 
city  shall  be  allowed  to  become  indebted  for  any  purpose  or  in 
any  manner  to  an  amount  which,  including  existing  indebtedness, 
shall  exceed  ten  per  centum  of  the  assessed  valuation  of  the  real 
estate  of  such  county  or  city  subject  to  taxation,  as  it  appeared  by 
the  assessment-rolls  of  said  county  or  city  on  the  last  assessment 
for  state  or  county  taxes  prior  to  the  incurring  of  such  indebted- 
ness; and  all  indebtedness  in  excess  of  such  limitation,  except 
such  as  now  may  exist,  shall  be  absolutely  void,  except  as  herein 
otherwise  provided.  ~No  county  or  city  whose  present  indebtedness 
exceeds  ten  per  centum  of  the  assessed  valuation  of  its  real  estate 
subject  to  taxation,  shall  be  allowed  to  become  indebted  in  any 
further  amount  until  such  indebtedness  shall  be  reduced  within 
such  limit.  This  section  shall  not  be  construed  to  prevent  the 
issuing  of  certificates  of  indebtedness  or  revenue  bonds  issued  in 
anticipation  of  the  collection  of  taxes  for  amounts  actually  con- 
tained, or  to  be  contained,  in  the  taxes  for  the  year  when  such 
certificates  or  revenue  bonds  are  issued  and  payable  out  of  sucli 
taxes.  Nor  shall  this  section  be  construed  to  prevent  the  issue  of 
bonds  to  provide  for  the  supply  of  water;  but  the  term  of  the 
bonds  issued  to  provide  the  supply  of  water  shall  not  exceed 
twenty  years,  and  a  sinking  fund  shall  be  created  on  the  issuing 
of  the  said  bonds  for  their  redemption,  by  raising  annually  a 
sum  which  will  produce  an  amount  equal  to  the  sum  of  the 
principal  and  interest  of  said  bonds  at  their  maturity.  All  cer- 
tificates of  indebtedness  or  revenue  bonds  issued  in  anticipation 
of  the  collection  of  taxes,  which  are  not  retired  within  five  years 
after  their  date  of  issue,  and  bonds  issued  to  provide  for  the 
supply  of  water,  and  any  debt  hereafter  incurred  by  any  portion 
or  part  of  a  city,  if  there  shall  be  any  such  debt,  shall  be  included 
in  ascertaining  the  power  of  the  city  to  become  otherwise  in- 
debted ;  except  that  debts  incurred  by  the  city  of  New  York  after 
the  first  day  of  January,  nineteen  hundred  and  four,  and  debts 
incurred  by  any  city  of  the  second  class  after  the  first  day  of 
January,  nineteen  hundred  and  eight,  to  provide  for  the  supply 
of  water,  shall  not  be  so  included;  and  except  further  that  no  debt 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      229 

Article  VIII,  §   10 

heretofore  or  hereafter  incurred  by  the  said  city  of  New  York  for 
the  acquisition  or  construction  of  railroad  or  dock  property  to  be 
owned  by  said  city,  shall  be  so  included  after  it  shall  have  been 
ascertained  and  determined  as  hereinafter  provided  that  the  said 
city  is  receiving  annually  from  such  property  an  income  in  excess 
of  the  interest  payable  by  said  city  upon  the  total  debt  incurred 
for  the  acquisition  of  said  property;  provided  that  for  the  pay- 
ment of  any  debt  hereafter  so  incurred  for  the  acquisition  or 
construction  of  such  property  a  sinking  fund  shall  be  created  by 
providing  annually  from  the  income  of  the  property  acquired, 
and  by  taxation  if  necessary,  a  sum  sufficient  to  meet  the  interest 
as  it  accrues,  and  also  to  produce  at  maturity  of  the  obligation  an 
amount  equal  to  the  principal  debt.  The  appellate  division  of 
the  supreme  court  in  the  first  department  shall,  from  time  to 
time,  upon  the  application  of  the  board  of  estimate  and  apportion- 
ment or  other  chief  financial  board  of  said  city,  ascertain  and  by 
order  determine  what  particular  debt  or  debts,  if  any,  so  incurred 
for  the  acquisition  or  construction  of  such  property  shall  not  be 
so  included,  provided  that  such  ascertainment  and  determination 
shall  be  upon  notice  to  the  governor  and  the  attorney  general  of 
the  state  and  to  the  mayor  of  said  city,  and  upon  other  reasonable 
public  notice  to  be  prescribed  by  the  court,  and  that  the  attorney 
general,  either  upon  his  own  motion  or  upon  the  direction  of  the 
governor,  and  the  mayor  of  the  said  city,  and  any  resident  of  the 
said  city  who  shall  be  the  owner  of  real  estate  therein,  duly 
assessed  for  taxation,  shall  be  entitled  to  appear  and  to  be  heard 
in  the  proceeding  for  such  ascertainment  and  determination.  Any 
increase  in  the  debt-incurring  power  of  the  city  of  New  York 
which  shall  result  from  any  such  order  for  the  exclusion  of  any 
debt  heretofore  or  hereafter  incurred,  shall  be  available  only  for 
the  acquirement  or  construction  of  property  of  the  same  kind  as 
that  for  which  the  debt  so  excluded  was  incurred.  Whenever  the 
boundaries  of  any  city  are  the  same  as  those  of  a  county,  or  when 
any  city  shall  include  within  its  boundaries  more  than  one  county, 
the  power  of  any  cqunty  wholly  included  within  such  city  to 
become  indebted  shall  cease,  but  the  debt  of  the  county,  heretofore 
existing,  shall  not,  for  the  purposes  of  this  section,  be  reckoned  as 
a  part  of  the  city  debt.  The  amount  hereafter  to  be  raised  by 
tax  for  county  or  city  purposes,  in  any  county  containing  a  city 
of  over  one  hundred  thousand  inhabitants,  or  any  such  city  of  this 


230  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VIII,  §   10 

state,  in  addition  to  providing  for  the  principal  and  interest  of 
existing  debt,  shall  not  in  the  aggregate  exceed  in  any  one  year 
two  per  centum  of  the  assessed  valuation  of  the  real  and  personal 
estate  of  such  county  or  city,  to  be  ascertained  as  prescribed  in 
this  section  in  respect  to  county  or  city  debt. 

1908.     S.  No.  210  (Int.  202).     (Same  as  A.  No.  430.) 

S.  J.  64. 
A.  No.  430  (Int.  417).     (Same  as  S.  No.  210.) 

11.  Limitation  of  indebtedness  of  New  York  city  —  debts  for  railroads, 
docks  or  other  improvements  excepted  if  income  sufficient  to  pay 
interest 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of 
any  individual,  association  or  corporation,  or  become  directly  or 
indirectly  the  owner  of  stock  in,  or  bonds  of,  any  association  or 
corporation;  nor  shall  any  such  county,  city,  town  or  village  be 
allowed  to  incur  any  indebtedness  except  for  county,  city,  town 
or  village  purposes.  This  section  shall  not  prevent  such  county, 
city,  town  or  village  from  making  such  provision  for  the  aid  or 
support  of  its  poor  as  may  be  authorized  by  law.  No  county  or 
city  shall  be  allowed  to  become  indebted  for  any  purpose  or  in 
any  manner  to  an  amount  which,  including  existing  indebtedness, 
shall  exceed  ten  per  centum  of  the  assessed  valuation  of  the  real 
estate  of  such  county  or  city  subject  to  taxation,  as  it  appeared 
by  the  assessment  rolls  of  said  county  or  city  on  the  last  assess- 
ment for  state  or  county  taxes  prior  to  the  incurring  of  such  in- 
debtedness; and  all  indebtedness  in  excess  of  such  limitation, 
except  such  as  now  may  exist,  shall  be  absolutely  void,  except 
as  herein  otherwise  provided.  No  county  or  city  whose  present 
indebtedness  exceeds  ten  per  centum  of  the  assessed  valuation  of 
its  real  estate  subject  to  taxation,  shall  be  allowed  to  become 
indebted  in  any  further  amount  until  such  indebtedness  shall  be 
reduced  within  such  limit.  This  section  shall  not  be  construed 
to  prevent  the  issuing  of  certificates  of  indebtedness  or  revenue 
bonds  issued  in  anticipation  of  the  collection  of  taxes  for  amounts 
actually  contained,  or  to  be  contained  in  the  taxes  for  the  year 
when  such  certificates  or  revenue  bonds  are  issued  and  payable 
out  of  such  taxes.  Nor  shall  this  section  be  construed  to  prevent 
the  issue  of  bonds  to  provide  for  the  supply  of  water;  but  the 
term  of  the  bonds  issued  to  provide  the  supply  of  water  shall  not 
exceed  twenty  years,  and  a  sinking  fund  shall  be  created  on  the 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      231 

Article  VIII,  §   10 

issuing  of  the  said  bonds  for  their  redemption,  by  raising  an- 
nually a  sum  which  will  produce  an  amount  equal  to  the  sum 
of  the  principal  and  interest  of  said  bonds  at  their  maturity 
All  certificates  of  indebtedness  or  revenue  bonds  issued  in  antici- 
pation of  the  collection  of  taxes,  which  are  not  retired  within 
five  years  after  their  date  of  issue,  and  bonds  issued  to  provide 
for  the  supply  of  water,  and  any  city  debt  hereafter  incurred  by 
any  portion  or  part  of  a  city,  if  there  shall  be  any  such  debt, 
shall  be  included  in  ascertaining  the  power  of  the  city  to  become 
otherwise  indebted;  except  that  debts  incurred  by  the  city  of 
!N"ew  York  after  the  first  day  of  January,  nineteen  hundred  and 
four,  [to  provide  for  the  supply  of  water,]  and  debts  incurred 
by  any  city  of  the  second  class  after  the  first  day  of  January, 
nineteen  hundred  and  eight,  to  provide  for  the  supply  of  water, 
shall  not  be  so  included;[.];  and  except  further  that  debts  hereto- 
fore or  hereafter  incurred  by  the  said  city  for  the  acquisition  of 
property  or  for  the  construction  of  railroads,  docks  or  other  im- 
provements which  shall  be  owned  by  the  said  city,  shall  not  be  so 
included  if  it  shall  appear  by  the  ascertainment  and  determina- 
tion hereinafter  provided  that  the  said  city  is  receiving  current 
net  income  from  such  property  or  improvement  in  excess  of  the 
interest  payable  by  the  said  city  upon  the  total  debt  incurred 
for  the  acquisition  of  such  property  or  the  making  of  such  im- 
provement. The  appellate  division  of  the  supreme  court  in  the 
first  department  shall,  from  time  to  time,  upon  the  application  of 
the  board  of  estimate  and  apportionment  or  other  chief  financial 
board  of  the  said  city,  ascertain  and  by  order  determine  the  ex- 
isting debt  or  debts  incurred  by  it  for  such  acquisition  of  property 
or  the  making  of  such  improvement  and  which  shall  not  be  so 
included,  provided  that  such  ascertainment  and  determination 
shall  be  upon  the  notice  to  the  governor  and  attorney-general  of  the 
state  and  to  the  mayor  of  the  said  city  and  upon  other  reasonable 
public  notice  to  be  prescribed  by  the  court,  and  that  the  attorney- 
general,  either  upon  his  own  motion  or  upon  the  direction  of  the 
governor,  and  the  mayor  of  the  said  city,  and  any  resident  of  the 
said  city  who  shall  be  the  owner  of  real  estate  therein,  duly  as- 
sessed for  taxation,  shall  be  entitled  to  appear  and  to  be  heard 
in  the  proceeding  for  such  ascertainment  and  determination,  and 
provided  further  that  any  such  ascertainment  and  determina^ 
iion,  shall  be  valid  and  effectual  only  for  such  period  as  shall 


232  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  VIII,  §  10 

be  prescribed  therein  not  exceeding  five  years  from  and  after 
the  making  thereof,  but  shall  not  prevent  the  making  of  any 
new  ascertainment  and  determination  whether  during  or  after 
such  period.  Whenever  the  boundaries  of  any  city  are  the 
same  as  those  of  a  county,  or  when  any  city  shall  include  within 
its  boundaries  more  than  one  county,  the  power  of  any  county 
wholly  included  within  such  city  to  become  indebted  shall  cease, 
but  the  debt  of  the  county,  heretofore  existing,  shall  not,  for 
the  purposes  of  this  section,  be  reckoned  as  a  part  of  the  city 
debt.  The  amount  hereafter  to  be  raised  by  tax  for  county 
or  city  purposes,  in  any  county  containing  a  city  of  over 
one  hundred  thousand  inhabitants,  or  any  such  city  of  this 
state,  in  addition  to  providing  for  the  principal  and  interest  of 
existing  debt,  shall  not  in  the  aggregate  exceed  in  any  one  year 
two  per  centum  of  the  assessed  valuation  of  the  real  and  personal 
estate  of  such  county  or  city,  to  be  ascertained  as  prescribed  in 
this  section  in  respect  to  county  or  city  debt. 

1908.     A.  No.  772  (Int.  674). 
A.  J.  293. 

12.    Restricting  legislation  as  to  cities  —  municipal  control  of  public  utilities 

(For  proposed  amendment  to  this  and  other  sections  restricting  the  power 
of  the  legislature  over  cities  and  providing  for  municipal  control  of  public 
utilities,  see  p.  337.) 

§  12.  The  members  of  the  said  board  and  of  the  said  commis- 
sions shall  be  appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate ;  and  any  member  may  be  removed  from 
office  by  the  Governor  for  cause,  an  opportunity  having  been 
given  him  to  be  heard  in  his  defense. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  members  of  the  legislature,  governor  and  lieutenant-governor, 
and  providing  for  the  short  ballot,  see  p.  319.) 

§  13.  Existing  laws  relating  to  institutions  referred  to  in  the 
foregoing  sections  and  to  their  supervision  and  inspection,  in  so 
far  as  such  laws  are  not  inconsistent  with  the  provisions  of  the 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      233 

Article  X,  §   1 

Constitution,  shall  remain  in  force  until  amended  or  repealed  by 
the  Legislature.  The  visitation  and  inspection  herein  provided 
for,  shall  not  be  exclusive  of  other  visitation  and  inspection  now 
authorized  by  law. 

AMENDMENT  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum  and  the  recall  of  elective  officers,  see  p.  293.) 


ARTICLE  IX 

§  3.  The  capital  of  the  common  school  fund,  the  capital  of  the 
literature  fund,  and  the  capital  of  the  United  States  deposit  fund, 
shall  be  respectively  preserved  inviolate.  The  revenue  of  the  said 
common  school  fund  shall  be  applied  to  the  support  of  common 
schools;  the  revenue  of  the  said  literature  fund  shall  be  applied 
to  the  support  of  academies ;  and  the  sum  of  twenty-five  thousand 
dollars  of  the  revenues  of  the  United  States  deposit  fund  shall 
each  year  be  appropriated  to  and  made  part  of  the  capital  of  the 
said  common  school  fund. 

AMENDMENT  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Biennial  sessions  of  legislature  —  United  States  deposit  fund 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature  and  regulating  the  use  of  the  United  States 
deposit  fund  for  educational  purposes,  see  p.  314.) 


ARTICLE  X 

§  1.  Sheriffs,  clerks  of  counties,  district  attorneys,  and 
registers  in  counties  having  registers,  shall  be  chosen  by  the 
electors  of  the  respective  counties,  once  in  every  three  years  and 
as  often  as  vacancies  shall  happen,  except  in  the  counties  of  New 
York  and  Kings,  and  in  counties  whose  boundaries  are  the  same 
as  those  of  a  city,  where  such  officers  shall  be  chosen  by  the  elec- 
tors once  in  every  two  or  four  years  as  the  Legislature  shall 
direct.  Sheriffs  shall  hold  no  other  office,  and  be  ineligible  for 
the  next  term  after  the  termination  of  their  offices.  They  may  be 
required  by  law  to  renew  their  security,  from  time  to  time ;  and 
in  default  of  giving  such  new  security,  their  offices  shall  be  deemed 


234  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  X,  §   1 

vacant.  But  the  county  shall  never  be  made  responsible  for  the 
acts  of  the  sheriff.  The  Governor  may  remove  any  officer,  in  this 
section  mentioned,  within  the  term  for  which  he  shall  have  been 
elected ;  giving  to  such  officer  a  copy  of  the  charges  against  him, 
and  an  opportunity  of  being  heard  in  his  defense. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Terms  of  office  of  sheriffs,  county  clerks,  district  attorneys  and  registers 

§  1.  [Sheriffs,  clerks  of  counties,  district  attorneys,  and  regis- 
ters in  counties  having  registers,  shall  be  chosen  by  the  elec- 
tors of  the  respective  counties,  once  in  every  three  years  and  as 
often  as  vacancies  shall  happen,  except  in  the  counties  of  New 
York  and  Kings,  and  in  counties  whose  boundaries  are  the  same 
as  those  of  a  city,  where  such  [officers]  officer  shall  be  chosen  by 
the  electors]  All  sheriffs,  clerk  of  counties,  district  attorneys  and 
registers  in  counties  having  registers,  now  in  office  shall  hold  their 
offices  until  the  expiration  of  their  respective  terms.  If  the  terms 
of  office  of  any  of  such  officers  shall  expire  on  the  last  day 
of  December  of  an  odd  numbered  year  their  immediate  successors 
shall  be  chosen  by  the  electors  of  their  respective  counties  for 
three  years.  All  other  sheriffs,  clerks  of  counties,  district  at- 
torneys and  registers  in  counties  having  registers,  shall  be  chosen 
by  the  electors  of  their  respective  counties  once  in  every  two  or 
four  years  as  the  legislature  shall  direct.  Sheriffs  shall  hold 
no  other  office,  and  be  ineligible  for  the  next  term  after  the 
termination  of  their  offices.  They  may  be  required  by  law  to  re- 
new their  security,  from  time  to  time;  and  in  default  of  giving 
such  new  security,  their  offices  shall  be  deemed  vacant.  But  the 
county  shall  never  be  made  responsible  for  the  acts  of  the  sheriff. 
The  governor  may  remove  any  officer,  in  this  section  mentioned, 
within  the  term  for  which  he  shall  have  been  elected;  giving  to 
such  officer  a  copy  of  the  charges  against  him,  and  an  opportunity 

of  being  heard  in  his  defense. 
1898.     A.  No.  895  (Int.  779). 
A.  J.  491. 

2.  Governor  to  appoint  sheriffs  —  justices  of  appellate  division  to  appoint 

county  clerks  and  registers 

§  1.  [Sheriffs,  clerks  of  counties,]  [d]Z)istrict  attorneys 
[and  registers  in  counties  having  registers,]  shall  be  chosen  by 
the  electors  of  the  respective  counties,  once  in  every  three  years 
and  as  often  as  vacancies  shall  happen,  except  in  the  counties  of 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      235 

Article  X,  §  2 

!N"ew  York  and  Kings,  and  in  counties  whose  boundaries  are  the 
same  as  those  of  a  city,  where  such  officers  shall  be  chosen  by  the 
electors  once  in  every  two  or  four  years  as  the  legislature  shalL 
direct.  Sheriffs  shall  be  appointed  for  each  of  the  respective 
counties  by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate,  and  hold  their  office  until  the  end  of  the  term  of  the 
governor  by  whom  they  were  nominated,  and  until  their  successors 
are  appointed  and  qualified.  Sheriffs  shall  hold  no  other  office 
and  be  ineligible  for  the  next  term  after  the  termination  of  their 
offices.  They  may  be  required  by  law  to  renew  their  security,  from 
time  to  time;  and  in  default  of  giving  such  new  security,  their 
offices  shall  be  deemed  vacant.  But  the  county  shall  never  be 
made  responsible  for  the  acts  of  the  sheriff.  Clerks  of  counties 
and  registers  in  counties  having  registers  shall  be  appointed  by  the 
justices  of  that  department  of  the  appellate  division  having  juris- 
diction over  those  counties,  and  such  officers  must  be  residents  of 
the  county  in  which  they  are  appointed  to  serve.  The  governor 
may  remove  any  officer,  in  this  section  mentioned,  within  the 
term  for  which  he  shall  have  been  '[elected;]  appointed;  giving 
to  such  officer  a  copy  of  the  charges  against  him,  and  an  oppor- 
tunity of  being  heard  in  his  defense. 

1910.     A.  No.  872.  (Int.  766). 
A.  J.  428. 

3.    Appointment  or  election  of  city  officers  and  county  officers  in  city  of 
New  York  —  term  —  removal 

- 

(For  proposed  amendment  to  this  and  other  sections  regarding  the 
appointment  or  election  of  city  officers  and  county  officers  in  New  York 
city,  their  term  of  office  and  manner  of  removal,  see  p.  335.) 

§  2.  All  county  officers,  whose  election  or  appointment  is  not 
provided  for  by  this  Constitution,  shall  be  elected  by  the  electors 
of  the  respective  counties  or  appointed  by  the  boards  of  super- 
visors, or  other  county  authorities,  as  the  Legislature  shall  direct. 
All  city,  town  and  village  officers,  whose  election  or  appointment 
is  not  provided  for  by  this  Constitution,  shall  be  elected  by  the 
electors  of  such  cities,  towns  and  villages,  or  of  some  division 
thereof,  or  appointed  by  such  authorities  thereof,  as  the  Legis- 
lature shall  designate  for  that  purpose.  All  other  officers,  whose 
election  or  appointment  is  not  provided  for  by  this  Constitution, 
and  all  officers,  whose  offices  may  hereafter  be  created  by  law, 
shall  be  elected  by  the  people,  or  appointed,  as  the  Legislature 
may  direct. 

PART  II  —  9 


236          NEW  YOKK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  X,  §  2 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Civil  service  —  appointment  of  person  highest  on  list 

§  2.  [All  county  officers,  whose  election  or  appointment  is  not 
provided  for  by  this  constitution,  shall  be  elected  by  the  electors 
of  the  respective  counties  or  appointed  by  the  boards  of  super- 
visors, or  other  county  authorities,  as  the  legislature  shall  direct.] 
All  city,  town  and  village  officers,  whose  election  or  appointment 
is  not  provided  for  by  this  constitution,  shall  be  elected  by  the 
electors  of  such  cities,  towns  and  villages,  or  of  some  divisions 
thereof,  or  appointed  by  such  authorities  thereof  as  the  legislature 
shall  designate  for  that  purpose.  All  other  officers,  whose  elec- 
tion or  appointment  is  not  provided  for  by  this  constitution,  and 
all  officers,  whose  offices  may  hereafter  be  created  by  law,  shall 
be  elected  by  the  people,  or  appointed,  as  the  Legislature  may 
direct.]  All  such  appointments  to  all  positions  in  the  competitive 
class,  as  provided  for  in  the  civil  service  laws  of  the  state,  shall 
~be  made  by  appointing  the  one  graded  highest  in  open  competitive 
examinations  conducted  in  accordance  with  such  laws,  provided 
that  no  preference  in  appointment  heretofore  granted  under  the 
provisions  of  article  five,  section  nine,  shall  be  denied  or  abridged 
by  the  provisions  of  this  section.  Of  those  entitled  to  preference 
in  appointment,  as  provided  by  article  five,  section  nine,  the  one 
graded  highest  in  open  competitive  examinations  shall  be  ap- 
pointed. 

1908.     A.  No.  1384  (Int.  213). 
A.  J.  75,  232,  806. 

2.    Appointment  or  election  of  city  officers  and  county  officers  in  city  of 
New  York  —  term  —  removal 

(For  proposed  amendment  to  this  and  other  sections  regarding  the  ap- 
pointment or  election  of  city  officers,  and  county  officers  in  New  York  City, 
their  term  of  office  and  manner  of  removal,  see  p.  335.) 

§  3.  When  the  duration  of  any  office  is  not  provided  by  this 
Constitution,  it  may  be  declared  by  law,  and  if  not  so  declared, 
such  office  shall  be  held  during  the  pleasure  of  the  authority  mak- 
ing the  appointment. 

AMENDMENT   PROPOSED  BUT  NOT   SUBMITTED  TO   THE   PEOPLE 
1.     Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum,  and  the  recall  of  elective  officers,  see  p.  293.) 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      237 

Article  X,  §  6 

§  4.  The  time  of  electing  all  officers  named  in  this  article  shall 
be  prescribed  by  law. 

AMENDMENT  PROPOSED  BUT  NOT   SUBMITTED  TO  THE  PEOPLE 

1.    Appointment  or  election  of  city  officers  and  county  officers  in  city  of 
New  York  —  term  —  removal 

(For  proposed  amendment  to  this  and  other  sections  regarding  the  ap- 
pointment or  election  of  city  officers,  and  county  officers  in  the  city  of  New 
York,  their  term  of  office  and  manner  of  removal,  see  p.  335.) 

§  6.  The  political  year  and  legislative  term  shall  begin  on  the 
first  day  of  January;  and  the  Legislature  shall,  every  year,  as- 
semble on  the  first  Wednesday  in  January. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Biennial  sessions  of  legislature 

§  6.  The  political  year  and  legislative  term  shall  begin  on  the 
first  day  of  January  in  each  even  numbered  year]  and  the  legis- 
lature shall  [every  year]  assemble  on  the  first  Wednesday  in  Jan- 
uary in  each  even  numbered  year. 

1908.     A.  No.  1274  (Int.  1048). 
A.  J.  664. 

§  6.  The  political  year  and  legislative  term  shall  begin  on  the 
first  day  of  January;  and  the  legislature  shall  [every  year]  as- 
semble on  the  first  Wednesday  in  January  in  each  even  numbered 
year. 

1910.  A.  No.  2013  (Int.  1477). 

A.  J.  1528,  3263,  3272,  3329,  3396. 

§  6.  (Proposal  to  add  the  following:)  and  in  each  even  num- 
bered year,  the  legislative  session  shall  not  exceed  the  term  of 
forty  legislative  days. 

1910.     A.  No.  2503  (Int.  179).     To  S. 

A.  J.  66,  1185,  2424,  2434,  3263,  3273,  3330,  3397,  3530,  3673. 
S.  J.  1920. 

2.  Biennial  sessions  of  legislature  —  United  States  deposit  fund 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature  and  regulating  the  use  of  the  United  States 
deposit  fund  for  educational  purposes,  see  p.  314.) 

3.  Biennial  sessions  of  legislature — terms  and  apportionment  of  legislators 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature  and  the  apportionment  of  the  members  of  the 
legislature,  see  p.  310.) 


238  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  X,  §   6 

4.    Biennial  sessions  of  legislature  —  terms  and  salaries  of  legislators  — 
appropriations  —  apportionment 

(For  proposed  amendment  to  this  and  other  sections  providing  for  biennial 
sessions  of  the  legislature,  changing  the  terms  and  salaries  of  members  of 
the  legislature  and  regulating  the  making  of  appropriations,  see  p.  311.) 

§  7.  Provision  shall  be  made  by  law  for  the  removal  for  mis- 
conduct or  malversation  in  office  of  all  officers,  except  judicial, 
whose  powers  and  duties  are  not  local  or  legislative  and  who  shall 
be  elected  at  general  elections,  and  also  for  supplying  vacancies 
created  by  such  removal. 


AMENDMENT  PROPOSED  BUT  NOT   SUBMITTED  TO  THE   PEOPLE 
1.    Removal  of  officers  for  misconduct  or  malversation  in  office 

§  7.  Provision  shall  be  made  by  law  for  the  removal  for  mis- 
conduct or  malversation  in  office  of  all  officers,  [except  judicial 
whose  power  and  duties  are  not  local  or  legislative  and  who  shall 
be  elected  at  general  elections,]  whether  elected  or  appointed  and 
whether  judicial,  legislative  or  executive,  whose  compensation  is 
paid  by  the  state  or  by  any  political  division  thereof;  and  also 
for  supplying  vacancies  created  by  such  removal. 

1912.     A.  No.  1617  (Int.  1374). 
A.  J.  933. 

§  8.  The  Legislature  may  declare  the  cases  in  which  any  office 
shall  be  deemed  vacant  when  no  provision  is  made  for  that  pur- 
pose in  this  Constitution. 

AMENDMENT  PROPOSED  BUT  NOT   SUBMITTED  TO  THE   PEOPLE 
1.    Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum,  and  the  recall  of  elective  officers,  see  p.  293.) 

§  9.  No  officer  whose  salary  is  fixed  by  the  Constitution  shall 
receive  any  additional  compensation.  Each  of  the  other  state 
officers  named  in  the  Constitution  shall,  during  his  continuance  in 
office,  receive  a  compensation,  to  be  fixed  by  law,  which  shall  not 
fce  increased  or  diminished  during  the  term  for  which  he  shall 
have  been  elected  or  appointed;  nor  shall  he  receive  to  his  use 
any  fees  or  perquisites  of  office  or  other  compensation. 


II]       AMENDMENTS  ADOPTED  AND  PuorosED,  1895-1914      239 

Article  X,  §    10 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  ballot 

(For  proposed  amendments  to  this  and  other  sections  providing  for"  the 
short  ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 

3.  Eecall  of  elective  officers 

§  10.  (Proposal  to  add  the  following  new  section:)  Every 
elective  officer  in  the  state  of  New  York  is  subject,  as  herein  pro- 
vided, to  recall  from  office  ~by  the  legal  voters  of  the  state  or  of  the 
electoral  district  from  ivhich  he  is  elected.  There  shall  be  required 
fifty  per  centum,  but  not  more,  of  the  number  of  electors  who 
voted  in  his  district  at  the  preceding  election  for  governor  to  file 
their  petition  for  the  recall  of  an  elective  officer.  They  shall  set 
forth  in  said  petition  the  reasons  for  said  demand.  If  he  shall  offer 
his  resignation,  it  shall  be  accepted  and  take  effect  on  the  day  it  is 
filed,  and  the  vacancy  shall  be  filled  as  may  be  provided  by  law~ 
If  he  shall  not  resign  within  five  days  after  the  petition  is  filed, 
a  special  election  shall  be  ordered  to  be  held  within  thirty  days  in 
his  said  electoral  district  to  determine  whether  the  people  will  re- 
call said  officer.  He  shall  continue  to  perform  the  duties  of  his 
office  until  the  result  of  said  special  election  shall  be  officially  de- 
clared. Other  candidates  for  the  office  may  be  nominated  in  the 
manner  provided  by  law  to  be  voted  for  at  said  special  election. 
The  candidate  who  shall  receive  the  highest  number  of  votes  shall 
be  deemed  elected  for  the  remainder  of  the  term,  whether  it  be  the 
person  against  whom  the  recall  petition  was  filed,  or  another.  The 
recall  petition  shall  be  filed  with  the  officer  with  whom  a  certificate 
for  nomination  to  such  office  should  be  filed,  and  the  same  officer 
or  board  shall  order  the  special  election  when  it  is  required.  No 
such  petition  shall  be  filed  agaimt  any  officer  until  he  has  actually 
held  office  six  months,  except  that  it  may  be  filed  against  a  senator 
or  member  of  the  assembly  at  any  time  after  thirty  days  from  the 
beginning  of  the  first  session  after  his  election.  After  one  special 
election,  no  further  recall  petition  shall  be  filed  against  the  same 
officer  during  the  term  for  which  lie  was  elected  unless  such  fur- 
ther petitioners  shall  pay  into  the  public  treasury  which  has  paid 
such  special  election  expenses  the  ivhole  amount  of  the  expenses 


240          ]STE\v  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 


Article  X,  §    10 


for  the  preceding  special  election.  The  signatures  to  such  petition 
need  not  be  appended  to  one  paper,  but  each  signer  shall  add  to 
his  signature,  which  shall  be  in  his  own  handwriting,  his  place  of 
residence,  giving  the  street  and  number.  One  of  the  signers  of 
each  such  paper  shall  make  oath  before  an  officer  competent  to  ad- 
minister oaths  that  each  signature  to  the  paper  appended  is  the 
genuine  signature  of  the  person  whose  name  purports  to  be  there- 
unto subscribed.  8uch  additional  legislation  as  may  aid  the  opera- 
tion of  this  section  shall  be  enacted  by  the  legislature,  including 
provision  for  payment  out  of  the  public  treasury  of  the  lawful 
special  election  campaign  expenses  of  any  such  officer  against  whom 
a  recall  petition  shall  be  filed. 

1911.     S.  No.  242  (Int.  237).    (Same  as  A.  No.  344.) 

S.  J.  94. 

A.  No.  344  (Int.  343).     (Same  as  S.  No.  242.) 
,  A.  J.  161. 

§  10.  Every  elective  officer  in  the  state  of  New  York  is  subject, 
as  herein  provided,  to  recall  from  office  by  the  legal  voters  of  the 
state  or  of  the  electoral  district  from  which  he  is  elected.  There 
shall  be  required  twenty-five  per  centum,  but  not  more,  of  the 
number  of  electors  who  voted  in  his  district  at  the  preceding  elec- 
tion for  governor  to  file  their  petition  for  the  recall  of  an  elective 
officer.  They  shall  set  forth  in  said  petition  the  reasons  for  said 
demand.  If  he  shall  offer  his  resignation,  it  shall  be  accepted  and 
take  effect  on  the  day  it  is  filed,  and  the  vacancy  shall  be  filled  as 
may  be  provided  by  law.  If  he  shall  not  resign  within  five  days 
after  the  petition  is  filed,  a  special  election  shall  be  ordered  to  be 
held  within  thirty  days  in  his  said  electoral  district  to  determine 
whether  the  people  will  recall  said  officer,  fie  shall  continue  to 
perform  the  duties  of  his  office  until  the  result  of  said  special  elec- 
tion shall  be  officially  declared.  Other  candidates  for  the  office 
may  be  nominated  in  the  manner  provided  by  law  to  be  voted  for 
at  said  special  election.  The  candidate  who  shall  receive  the  high- 
est number  of  votes  shall  be  deemed  elected  for  the  remainder  of 
the  term,  whether  it  be  the  person  against  whom  the  recall  petition 
was  filed,  or  another.  The  recall  petition  shall  be  filed  with  the 
officer  with  wliom  a  certificate  for  nomination  to  such  office  should 
be  filed,  and  the  same  officer  or  board  shall  order  the  special  election 
when  it  is  required.  No  such  petition  shall  be  filed  against  any 
officer  until  he  has  actually  held  office  six  months,  except  that  it 
may  be  filed  against  a  senator  or  member  of  the  assembly  at  any 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      241 

Article  XI,   §   4. 

time  after  thirty  days  from  the  beginning  of  the  first  session  after 
his  election.  After  one  special  election,  no  further  recall  petition 
shall  be  filed  against  the  same  officer  during  the  term  for  which  he 
was  elected  unless  such  further  petitioners  shall  pay  into  the  public 
treasury  which  has  paid  such  special  election  expenses  the  whole 
amount  of  the  expenses  for  the  preceding  special  election.  The 
signatures  to  such  petition  need  not  be  appended  to  one  paper,  but 
each  signer  shall  add  to  his  signature,,  which  shall  be  in  his  own 
handwriting,  his  place  of  residence,  giving  the  street  and  number. 
One  of  the  signers  of  each  such  paper  shall  make  oath  before  an 
officer  competent  to  administer  oaths  that  each  signature  to  the 
paper  appended  is  the  genuine  signature  of  the  person  whose  name 
purports  to  be  thereunto  subscribed.  Such  additional  legislation 
as  may  aid  the  operation  of  this  section  shall  be  enacted  by  the 
legislature,  including  provision  for  payment  out  of  the  public 
treasury  of  the  lawful  special  election  campaign  expenses  of  any 
such  officer  against  whom  a  recall  petition  shall  be  filed. 

1912.     S.    No.  13  (Int.  13).     (Same  as  A.  No.  331.) 

S.  J.  9,  356. 
A.  No.  331  (Int.  329).     (Same  as  S.  No.  13.) 

A.  J.  92. 
1914.     S.  No.  304  (Int.  298). 

S.  J.  80. 

(For  other  proposals  providing  for  the  recall,  see  proposed  amendment 
providing  for  the  initiative,  the  referendum  and  the  recall  of  elective  officers, 
p.  293.) 


ARTICLE  XI 

§  4.  The  Governor  shall  appoint  the  chiefs  of  the  several  staff 
departments,  his  aides-de-camp  and  military  secretary,  all  of 
whom  shall  hold  office  during  his  pleasure,  their  commissions  to 
expire  with  the  term  for  which  the  Governor  shall  have  been 
elected ;  he  shall  also  nominate,  and  with  the  consent  of  the  Senate 
appoint,  all  major-generals. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor  and  providing  for  the  short  ballot,  see  p.  319.) 


242          NEW  YOKK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  XI,  §  6 

§  6.  The  commissioned  officers  shall  be  commissioned  by  the 
Governor  as  commander-in-chief.  No  commissioned  officer  shall 
be  removed  from  office  during  the  term  for  which  he  shall  have 
been  appointed  or  elected,  unless  by  the  Senate  on  the  recom- 
mendation of  the  Governor,  stating  the  grounds  on  which  such 
removal  is  recommended,  or  by  the  sentence  of  a  court-martial, 
or  upon  the  findings  of  an  examining  board  organized  pursuant 
to  law,  or  for  absence  without  leave  for  a  period  of  six  months  or 
more. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Short  ballot 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
short  ballot,  see  p.  322.) 

2.  Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 

governor  —  short  ballot 

(For  proposed  amendment  to  this  and  other  sections  changing  the  terms 
and  salaries  of  the  members  of  the  legislature,  governor  and  lieutenant- 
governor,  and  providing  for  the  short  ballot,  see  p.  319.) 


ARTICLE  XII 

§  1.  It  shall  be  the  duty  of  the  Legislature  to  provide  for  the 
organization  of  cities  and  incorporated  villages,  and  to  restrict 
their  power  of  taxation,  assessment,  borrowing  money,  contract- 
ing debts,  and  loaning  their  credit,  so  as  to  prevent  abuses  in 
assessments  and  in  contracting  debt  by  such  municipal  corpora- 
tions. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  1.  It  shall  be  the  duty  of  the  legislature  to  provide  for  the 
organization  of  cities  and  incorporated  villages,  and  to  restrict 
their  power  of  taxation,  assessment,  borrowing  money,  contract- 
ing debts,  and  loaning  their  credit,  so  as  to  prevent  abuses  in 
assessments  and  in  contracting  debt  by  such  municipal  corpora- 
tions[.] ;  and  the  legislature  may  regulate  and  fix  the  wages  or 
salaries,  the  hours  of  work  or  labor,  and  make  provision  for  the 
protection,  welfare  and  safety  of  persons  employed  by  the  state 
or  by  any  county,  city,  town,  village  or  other  civil  division  of  the 
state,  or  by  any  contractor  or  subcontractor  performing  work, 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895—1914      243 

Article  XII,   §    1 

labor  or  services  for  the  state,  or  for  any  county,  city,  town,  vil- 
lage or  other  civil  division  thereof. 

•1902.  S.  No.  984  (Int.  746).  (Same  as  A.  No.  1635.)  To  Sec.  of  State. 
S.  J.  801,  1230,  1283,  1417,  1616. 
A.  J.  2343,  2516,  3126. 

A.  No.  1635  (Int.  1207).  (Same  as  S.  No.  984.) 
A.  J.  1547,  2013,  2054,  2955. 
S.  J.  1253,  1473. 

1903.  S.  No.  1052  (Int.  18).  To  A.  Amended,  A.  No.  2112,  and  sub- 
stituted for  A.  No.  2054.  To  Sec.  of  State. 
S.  J.  20,  572,  838,  975,  1003,  1509,  1566. 
A.  J.  2141,  2783,  2785,  2994. 

A.  No.  2054  (Int.  574).  (S.  No.  1052  as  amended,  A.  No.  2112,  sub- 
stituted.) 

A.  J.  296,  691,  2242,  2772,  2785. 
Adopted  Nov.  7,  1905. 

Vote:  for,  338,570;  against,  133,606. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Municipal  home  rule 

§  1.  It  shall  be  the  duty  of  the  legislature  to  provide  for  the 
organization  of  cities  and  incorporated  villages,  and  to  restrict 
their  power  of  taxation,  assessment,  borrowing  money,  contracting 
debts,  and  loaning  their  credit,  so  as  to  prevent  abuses  in  assess- 
ments and  in  contracting  debt  by  such  municipal  corporations  [.], 
by  the  passage  of  general  laws  only,  applicable  alike  to  all  cities 
or  to  all  incorporated  villages.^  and  the  legislature  may  regulate 
and  fix  the  wages  or  salaries,  the  hours  of  work  or  labor,  and  make 
provision  for  the  protection,  welfare  and  safety  of  persons  em- 
ployed by  the  state  or  by  any  county,  city,  town,  village  or  other 
civil  division  of  the  state,  or  by  any  contractor  or  subcontractor 
performing  work,  labor  or  services  for  the  state,  or  for  any  county, 
city,  town,  village  or  other  civil  division  thereof.]  And  the  legis- 
lature shall  not  pass  any  special  or  local  bill  affecting  the  local 
or  municipal  government  of  a  city  or  incorporated  village.  Nor 
shall  the  legislature  provide  for  the  filling  of  any  municipal 
of/ice  now  existing  or  hereafter  to  be  created,  otherwise  than  by 
popular  election  or  by  appointment  by  the  mayor,  or  other  elected 
municipal  o~fficer;  except  that  clerks  and  subordinates  of  depart- 
ments may  be  appointed  by  the  heads  of  such  departments.  The 
people  of  every  city  and  incorporated  village  shall  have  the  power 
to  organize  their  own  local  and  municipal  government  and  to  ad- 
minister the  same  for  local  and  municipal  purposes,  subject  only 
to  such  general  laws  as  the  legislature  may  enact.  No  city  or 
incorporated  village  shall  increase  its  permanent  debt,  or  under- 


244  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XII,  §   1 

take  new  public  works,  or  direct  public  funds  into  new  channels 
of  expenditure,  or  issue  its  bonds  other  than  revenue  bonds,  until 
the  act  or  resolution  authorizing  the  same  shall  have  been  pub- 
lished for  at  least  one  month,  and  thereafter  submitted  to  the  people 
of  the  city,  at  a  general  election,  and  have  received  a  majority  of 
all  the  votes  cast  for  and  against  it,  at  such  election. 

1906.     S.  No.  331  (Int.  6).     (Same  as  A.  No.  29.) 

S.  J.  8,  142. 

A.  No.  29  (Int.  29).     (Same  as  S.  No.  331.) 
A.  J.  25. 

§  1.  It  shall  be  the  duty  of  the  legislature  to  provide  for  the 
organization  of  cities  and  incorporated  villages,  and  to  restrict  their 
power  of  taxation,  assessment,  borrowing  money,  contracting  debts, 
and  loaning  their  credit,  so  as  to  prevent  abuses  in  assessments  and 
in  contracting  debt  by  such  municipal  corporations,  by  the  passage 
of  general  laws  only,  applicable  alike  to  all  cities  or  to  all  incor- 
porated villages.  And  the  legislature  shall  not  pass  any  special 
or  local  bill  affecting  the  local  or  municipal  government  of  a  city 
or  incorporated  village.  Nor  shall  the  legislature  provide  for  the 
filling  of  any  municipal  office  now  existing  or  hereafter  to  be 
created ,  otherwise  than  by  popular  election  within  such  munici- 
pality, or  by  appointment  by.  a  duly  elected  officer  of  such  munici- 
pality. The  people  of  every  city  and  incorporated  village  shall 
have  the  power  to  organize  their  own  local  and  municipal  govern- 
ment and  to  administer  the  same  for  local  and  municipal  purposes, 
subject  only  to  such  general  laws  as  the  legislature  may  enact. 
No  city  or  incorporated  village  shall  increase  its  permanent  debt; 
or  undertake  new  public  works;  or  direct  public  funds  into  new 
channels  of  expenditures;  or  issue  its  bonds,  other  than  revenue 
bonds,  or  bonds  for  public  improvements  the  cost  of  which  is  to 
be  met  by  assessment  upon  private  property,  or  bonds  issued  for 
purposes  from  which  the  city  or  incorporated  village  is  to  derive 
a  revenue  other  than  by  taxation  to  be  applied  to  the  redemption 
of  such  bonds;  until  the  act  or  resolution  authorizing  the  same 
shall  have  been  published,  for  at  least  one  month,  in  at  least  two 
newspapers  circulating  within  the  municipality,  and  thereafter  sub- 
mitted to  the  people  of  the  municipality,  at  a  general  election, 
and  have  received  a  majority  of  all  the  votes  cast  for  and  against 
it,  at  such  election.^  and  the  legislature  may  regulate  and  fix 
the  wages  or  salaries,  the  hours  of  work  or  labor,  and  make  pro- 
vision for  the  protection,  welfare  and  safety  of  persons  employed 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      245 

Article  XII,   §   1 

by  the  state  or  by  any  county,  city,  town,  village  or  other  civil 
division  of  the  state,  or  by  any  contractor  or  subcontractor  per- 
forming work,  labor  or  services  for  the  state,  or  for  any  county, 
city,  town,  village  or  other  civil  division  thereof.] 

1908.     S.  No.  423  (Int.  379). 
S.  J.  173. 

§  1.  (Proposal  to  add  the  following:)  The  legislature  may  pro- 
vide by  general  laws  applicable  to  all  cities  of  a  class  for  the  hold- 
ing in  each  of  such  cities  at  intervals  to  be  fixed  by  law  of  charter 
conventions,  composed  of  delegates  to  be  elected  by  the  voters  of 
such  city,  for  the  purpose  of  revising  the  charter  thereof.  The 
legislature  may  also  provide  that  such  charter  shall  not  take  effect 
until  it  shall  have  been  submitted  to  the  voters  of  such  city  and 
approved  in  the  manner  provided  by  law.  The  legislature  may 
also  provide  for  the  manner  in  which  the  charter  of  such  city  may 
be  amended  and  for  the  submission  of  proposed  amendments  to  the 
voters  upon  the  initiation  of  the  common  council  or  other  govern- 
ing body,  or  upon  petition  of  a  percentage  or  number  of  the  voters 
of  such  city,  and  for  the  manner  in  which  such  proposed  amend- 
ments shall  be  adopted. 

1912.     S.  No.  363  (Int.  347).     (Same  as  A.  No.  489.) 

S.  J.  92. 

A.  No.  489  (Int.  477).     (Same  as  S.  No.  363.) 
A.  J.  137. 

§  1.  It  shall  be  the  duty  of  the  legislature  [to  provide  for  the 
organization  of  cities  and  incorporated  villages,  and]  to  restrict 
the  towns,  cities,  villages  and  counties  in  their  power  of  taxa- 
tion, assessment,  borrowing  money,  contracting  debts,  and  loaning 
their  credit,  so  as  to  prevent  abuses  in  assessments  and  in  con- 
tracting debt  by  such  municipal  corporations.  All  the  affairs  of 
the  municipalities  shall  be  controlled  and  regulated  by  the  munici- 
palities themselves;  the  powers  and  functions  of  the  municipal- 
ities shall  be  and  continue  unrestricted  excepting  by  the  explicit 
provisions  of  this  constitution  and  of  the  municipalities  them- 
selves. Every  town,  city  and  village  may  frame  a  charter  for  its 
own  government  consistent  with  and  subject  to  the  constitution, 
by  causing  a  charter  convention  to  be  called  for  this  purpose. 
The  delegates  to  such  convention  shall  be  elected  from  the  alder- 
manic  district.  In  cities  of  not  more  than  twenty-five  thousand 
population  and  in  the  villages  all  the  delegates  may  be  elected  on 


246  XEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XII,  §   1 

one  general  ticket,  provided  that  in  no  instance  shall  the  number 
of  delegates  be  less  than  fifteen.  The  delegates  shall  be  elected 
according  to  the  principle  of  proportional  representation.  The 
charter  may  invest  the  municipality  with  any  power  or  function, 
excepting  such  as  are  explicitly  and  by  name  forbidden  to  the 
municipalities  by,  the  constitution.  Such  charter  may  provide 
for  the  initiative,  referendum  and  recall  and  for  woman  suffrage 
in  all  municipal  elections.  The  charter  adopted  by  the  conven- 
tion shall  be  certified  in  duplicate  by  the  signatures  of  the  chair- 
man and  secretary  of  the  convention,  and  returned  one  copy  to 
the  chief  executive  officer  of  the  town,  city  or  village  and  tlie  other 
to  the  recorder  of  deeds  of  the  county.  Such  proposed  charter 
shall  be  published  within  thirty  days  after  its  adoption  by  the 
convention,  in  two  newspapers  of  general  circulation  in  such  town, 
city  or  village  excepting  that  in  towns,  citivs  or  villages  of  not 
more  than  twenty-five  thousand  population,  it  shall  be  published 
in  one  newspaper  and,  at  the  expiration  of  thirty  days,  submitted 
to  a  vote  of  the  electors  of  the  town,  city  or  village  at  a  general 
or  special  election;  and  if  the  majority  of  those  voting  on  said 
charter  shall  ratify  the  same,  it  shall  become  the  charter  of  such 
town,  city  or  village,  and  the  organic  law  thereof,  and  supersede 
any  existing  charter  and  all  amendments  thereof  and  all  laws  in- 
consistent with  said  charter.  A  copy  of  such  charter  certified  by 
the  chief  executive  officer  and  authenticated  by  the  seal  of  such 
town,  city  or  village,  setting  forth  the  submission  of  such  charter 
to  the  electors,  and  its  ratification  by  them  shall  be  made  in  dupli- 
cate and  deposited  one  in  the  office  of  the  secretary  of  state  and  the 
ether,  after  being  recorded  in  the  office  of  the  recorder  of  deeds 
for  the  county  in  which  the  town,  city  or  village  is  located,  shall 
l)e  deposited  in  the  archives  of  the  municipality;  and  the  courts 
shall  take  judicial  note  of  the  provisions  of  said  charter  and  it 
shall  remain  in  full  force  and  effect  until  amended  or  repealed. 
The  charter  may  be  amended,  at  intervals  of  not  less  than  one 
year,  by,  a  proposal  therefor  made  by  a  petition  presented  to  the 
chief  magistrate  or  clerk  of  the  town,  city  or  village  bearing  sig- 
natures of  electors  of  said  town,  city  or  village  equal  in  number  to 
ten  per  centum  of  the  total  vote  for  governor  cast  in  said  town, 
city  or  village  at  the  preceding  general  election,  demanding  the 
submission  to  the  voters  of  the  town,  city  or  village  of  an  amend- 
ment to  the  charter.  Said  proposed  amendment  shall  be  pub- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      247 

Article  XII,   §   2 

lished  and  submitted  to  a  vote  in  the  same  manner  provided  for 
the  charter.  A  referendum  for  the  repeal  of  the  charter  may  be 
initiated  and  submitted  in  a  like  manner  as  amendments.,  afTvriP 
tervals  of  not  less  than  two  years.  In  submitting  any  such  char- 
ter or  amendment  thereto  or  repeal  thereof;  any  alternative 
article  or  proposition  may  be  presented  for  the  choice  of  the  voters 
and  may  be  voted  on  separately  without  prejudice  to  others,  [and] 
The  legislature  may  regulate  and  fix  the  wages  or  salaries,  the 
hours  of  work  or  labor,  and  make  provisions  for  the  protection, 
welfare  and  safety  of  persons  employed  by  the  state  or  by  any 
county,  city,  town,  village  or  other  civil  division  [of  the  state]  or 
by  any  contractor  or  subcontractor  performing  work,  labor  or  serv- 
ices for  the  state,  or  for  any  county,  city,  town,  village  or  other 
civil  division  thereof. 

1912.  A.  No.  648  (Int.  143). 

A.  J.  57,  207. 

1913.  A.  No.  1912  (Int.  1693). 

A.  J.  1046. 

(For  other  proposed  amendments  to  this  and  other  sections  providing  for 
municipal  home  rule,  see  p.  338.) 

§  2.  All  cities  are  classified  according  to  the  latest  State 
enumeration,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  two  hundred  and 
fifty  thousand,  or  more ;  the  second  class,  all  cities  having  a  popu- 
lation of  fifty  thousand  and  less  than  two  hundred  and  fifty  thou- 
sand ;  the  third  class,  all  other  cities.  Laws  relating  to  the  prop- 
erty, affairs  or  government  of  cities,  and  the  several  departments 
thereof,  are  divided  into  general  and  special  city  laws;  general 
city  laws  are  those  which  relate  to  all  the  cities  of  one  or  more 
classes ;  special  city  laws  are  those  which  relate  to  a  single  city, 
or  to  less  than  all  the  cities  of  a  class.  Special  city  laws  shall  not 
be  passed  except  in  conformity  with  the  provisions  of  this  section. 
After  any  bill  for  a  special  city  law,  relating  to  a  city,  has  been 
passed  by  both  branches  of  the  Legislature,  the  house  in  which  it 
originated  shall  immediately  transmit  a  certified  copy  thereof  to 
the  mayor  of  such  city,  and  within  fifteen  days  thereafter  the 
mayor  shall  return  such  bill  to  the  house  from  which  it  was  sent, 
or  if  the  session  of  the  Legislature  at  which  such  bill  was  passed 
has  terminated,  to  the  Governor,  with  the  mayor's  certificate 
thereon,  stating  whether  the  city  has  or  has  not  accepted  the  same. 

In  every  city  of  the  first  class,  the  mayor,  and  in  every  other 


248  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 


Article  XII,   §   2 


city,  the  mayor  and  the  legislative  body  thereof  concurrently, 
shall  act  for  such  city  as  to  such  bill;  but  the  Legislature  may 
provide  for  the  concurrence  of  the  legislative  body  in  cities  of  the 
first  class.  The  Legislature  shall  provide  for  a  public  notice  and 
opportunity  for  a  public  hearing  concerning  any  such  bill  in, 
every  city  to  which  it  relates,  before  action  thereon.  Such  a  bill, 
if  it  relates  to  more  than  one  city,  shall  be  transmitted  to  the* 
mayor  of  each  city  to  which  it  relates,  and  shall  not  be  deemed 
accepted  unless  accepted  as  herein  provided,  by  every  such  city. 
Whenever  any  such  bill  is  accepted  as  herein  provided,  it  shall  be 
subject  as  are  other  bills,  to  the  action  of  the  Governor.  When- 
ever, during  the  session  at  which  it  was  passed,  any  such  bill  is 
returned  without  the  acceptance  of  the  city  or  cities  to  which  it 
relates,  or  within  such  fifteen  days  is  not  returned,  it  may  never- 
theless again  be  passed  by  both  branches  of  the  Legislature,  and 
it  shall  then  be  subject  as  are  other  bills,  to  the  action  of  the 
Governor.  In  every  special  city  law  which  has  been  accepted  by 
the  city  or  cities  to  which  it  relates,  the  title  shall  be  followed 
by  the  words  "  accepted  by  the  city,"  or  "  cities,"  as  the  case 
may  be ;  in  every  such  law  which  is  passed  without  such  accept- 
ance, by  the  words  ' '  passed  without  the  acceptance  of  the  city, ' ' 
or  ' '  cities  ",  as  the  case  may  be. 

AMENDMENT  SUBMITTED  TO  THE  PEOPLE  AND  ADOPTED 

§  2.  All  cities  are  classified  according  to  the  latest  state 
enumeration,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  one  hundred  and 
seventy-five  thousand  [two  hundred  and!  fifty  thousand]  or 
more;  the  second  class,  all  cities  having  a  population  of  fiftyi 
thousand  and  less  than  one  hundred  and  seventy-five  thousand; 
[two  hundred  and  fifty  thousand;]  the  third  class,  all  other  cities. 
Laws  relating  to  the  property,  affairs  [or]  of  government  of 
cities,  and  the  several  departments  thereof,  are  divided  into  gen- 
eral and  special  city  laws ;  general  city  laws  are  those  which  relate 
to  all  the  cities  of  one  or  more  classes ;  special  city  laws  are  those 
which  relate  to  a  single  city,  or  to  less  than  all  the  cities  of  a  class. 
Special  city  laws  shall  not  be  passed  except  in  conformity  with 
the  provisions  of  this  section.  After  any  bill  for  a  special  city 
law,  relating  to  a  city,  has  been  passed  by  both  branches  of  the 
legislature,  the  house  in  which  it  originated  shall  immediately 


AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      249 
Article  XII,   §  2 

transmit  a  certified  copy  thereof  to  the  mayor  of  such  city,  and 
within  fifteen  days  thereafter  the  mayor  shall  return  such  bill  to 
the  house  from  which  it  was  sent,  or  if  the  session  of  the  legis- 
lature at  which  such  bill  was  passed  has  terminated,  to  the  gov- 
ernor, with  the  mayor's  certificate  thereon,  stating  whether  the 
city  has  or  has  not  accepted  the  same.  In  every  city  of  the  first 
class,  the  mayor,  and  in  every  other  city,  the  mayor  and  the  legis- 
lative body  thereof  concurrently,  shall  act  for  such  city  as  to 
such  bill;  but  the  legislature  may  provide  for  the  concurrence 
of  the  legislative  body  in  cities  of  the  first  class.  The  legislature 
shall  provide  for  a  public  notice  and  opportunity  for  a  public 
hearing  concerning  any  such  bill  in  every  city  to  which  it  relates, 
before  action  thereon.  Such  a  bill,  if  it  relates  to  more  than  one 
city,  shall  be  transmitted  to  the  mayor  of  each  city  to  which  it 
relates,  and  shall  not  be  deemed  accepted  unless  accepted  as  herein 
provided,  by  every  such  city.  Whenever  any  such  bill  is  accepted 
as  herein  provided,  it  shall  be  subject  as  are  other  bills,  to  the 
action  of  the  governor.  Whenever,  during  the  session  at  which  it 
was  passed,  any  such  bill  is  returned  without  the  acceptance  of 
the  city  or  cities  to  which  it  relates,  or  within  such  fifteen  days 
is  not  returned,  it  may  nevertheless  again  be  passed  by  both 
branches  of  the  legislature,  and  it  shall  then  be  subject  as  are 
other  bills,  to  the  action  of  the  governor.  In  every  special  city 
law  which  has  been  accepted  by  the  city  or  cities  to  which  it  re- 
lates, the  title  shall  be  followed  by  the  words  "  accepted  by  the 
city, "  or  ' '  cities, ' '  as  the  case  may  be ;  in  every  such  law  which 
is  passed  without  such  acceptance,  by  the  words  "  passed  with- 
out the  acceptance  of  the  city,"  or  "  cities,"  as  the  case  may  be. 

1906.  S.  No.  1090  (Int.  848).  To  Sec.  of  State. 

S.  J.  889,  1093,  1142,  1187,  1931. 
A.  J.  2417,  3028,  3095. 

1907.  A.  No.  434  (Int.  425).  (Same  as  S.  No.  265.)  To  Sec.  of  State. 

A.  J.  124,  254,  287,  300,  324,  367,  824. 

S.  J.  240,  278,  364,  368. 
S.  No.  265  (Int.  253).  (Same  as  A.  No.  434.) 

S.  J.  101. 
Adopted  Nov.  5,  1907. 

Vote:    for,  309,159;  against,  123,919. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Action  of  mayor  and  governor  on  special  city  bills 

§  2.  All  cities  are  classified  according  to  the  latest  state  enumera- 
tion, as  from  time  to  time  made,  as  follows:  The  first  class  in- 
cludes all  cities  having  a  population  of  two  hundred  and  fiftv 


250  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XII,   §  2 

thousand,  or  more ;  the  second  class,  all  cities  having  a  population 
of  fifty  thousand  and  less  than  two  hundred  and  fifty  thousand; 
the  third  class,  all  other  cities.     Law  relating  to  property,  affairs 
or  government  of  cities,  and  the  several  departments  thereof,  are 
divided  into  general  and  special  city  laws;  general  city  laws  are 
those  which  relate  to  all  the  cities  of  one  or  more  classes ;  special 
city  laws  are  those  which  relate  to  a  single  city;  or  to  less  than 
all  the  cities  of  a  class.     Special  city  laws  shall  not  be  passed  ex- 
cept in  conformity  with  the  provisions  of  this  section.     After  any 
bill  for  a  special  city  law,  relating  to  a  city,  has  been  passed  by 
both  branches  of  the  legislature,  the  house  in  which  it  originated 
shall  immediately  transmit  a  certified  copy  thereof  to  the  mayor 
of  such  city,  and  within  [fifteen]  ten  days  thereafter  the  mayor 
shall  return  such  bill  to  the  house  from  which  it  was  sent,  or  if 
the  session  of  the  legislature  at  which  such  bill  was  passed  has 
terminated,  to  the  governor  with  the  mayor's  certificate  thereon, 
stating  whether  the  city  has  or  has  not  accepted  the  same[.],  and 
the  governor  shall  have  the  same  power  over  any  bill  so  returned 
as  over  other  bills,  either  to  approve  or  disapprove  the  same,  within 
thirty  days  after  the  return  of  said  bill  by  the  mayor  of  any  city. 
In  every  city  of  the  first  class,  the  mayor,  and  in  every  other  city, 
the  mayor  and  the  legislative  body  thereof  concurrently,  shall  act 
for  such  city  as  to  such  bill;  but  the  legislature  may  provide  for 
the  concurrence  of  the  legislative  body  in  cities  of  the  first  class. 
The  legislature  shall  provide  for  a  public  notice  and  opportunity 
for  a  public  hearing  concerning  any  such  bill  in  every  city  to 
which  it  relates,  before  action  thereon.     Such  a  bill,  if  it  relates 
to  more  than  one  city,  shall  be  transmitted  to  the  mayor  of  each 
city  to  which  it  relates,  and  shall  not  be  deemed  accepted  unless 
accepted  as  herein  provided  by  every  such  city.     Whenever  any 
such  bill  is  accepted  as  herein  provided,  it  shall  be  subject,  as  are 
other  bills,  to  the  action  of  the  governor.     Whenever,  during  the 
session  at  which  it  was  passed,  any  such  bill  is  returned  without 
the  acceptance  of  the  city  or  cities  to  which  it  relates,  or  within 
such  fifteen  days  is  not  returned,  it  may  nevertheless  again  be 
passed  by  both  branches  of  the  legislature,  and  it  shall  then  be  sub- 
ject as  are  other  bills,  to  the  action  of  the  governor.     In  every 
special  city  law  which  has  been  accepted  by  the  city  or  cities  to 
which  it  relates,  the  title  shall  be  followed  by  the  words  "  accepted 
by  the  city,"  or  "  cities,"  as  the  case  may  be ;  in  every  such  law 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      251 


which  is  passed  without  such  acceptance,  by  the  words  "  passed 
without  the  acceptance  of  the  city,"  or  "  cities/'  as  the  case  may  be. 

1895.  A.  No.  2612  (Int.  1702).  To  S. 
A.  J.  3195,  3305,  3618,  3692. 
S.  J.  1813. 

2.  Special  city  bill  not  to  become  law  without  approval  of  mayor 

§  2.  (Proposed  to  add  the  following:)  No  such  bill  shall 
become  a  law  without  the  approval  of  the  mayor  of  each  city  the 
property,,  affairs  or  government  of  which  is  affected  thereby,  or  by 
a  two-thirds  vote  of  each  branch  of  the  legislature. 

1904.     S.  No.  311  (Int.  288).     (Same  as  A.  No.  453.) 

S.  J.  114. 

A.  No.  453  (Int.  415).     (Same  as  S.  No.  311.) 
A.  J.  196. 

3.  Classification  of  cities 

§  2.  All  cities  are  classified  according  to  the  latest  state  enu- 
meration, as  from  time  to  time  made,  as  follows :  The  first  class 
includes  aH  cities  having  a  population  of  one  hundred  and  eighty 
[two  hundred  and  fifty]  thousand,  or  more;  the  second  class,  all 
cities  having  a  population  of  fifty  thousand  and  less  than  one 
hundred  and  eighty  [two  hundred  and  fifty]  thousand ;  the  third 
class,  all  other  cities.  Laws  relating  to  the  property,  affairs  j[or] 
of  government  of  cities,  and  the  several  departments  thereof,  are 
divided  into  general  and  special  city  laws;  general  city  laws  are 
those  which  relate  to  all  the  cities  of  one  or  more  classes;  special 
city  laws  are  those  which  relate  to  a  single  city,  or  to  less  than  all 
the  cities  of  a  class.  Special  city  laws  shall  not  be  passed  except 
in  conformity  with  the  provisions  of  this  section.  After  any  bill 
for  a  special  city  law,  relating  to  a  city  has  been  passed  by  both 
branches  of  the  legislature,  the  house  in  which  it  originated  shall 
immediately  transmit  a  certified  copy  thereof  to  the  mayor  of  such 
city,  and  within  fifteen  days  thereafter  the  mayor  shall  return 
such  bill  to  the  house  from  which  it  was  sent,  or  if  the  session  of 
the  legislature  at  which  such  bill  was  passed  has  terminated,  to 
the  governor,  with  the  mayor's  certificate  thereon,  stating  whether 
the  city  has  or  has  not  accepted  the  same.  In  every  city  of  the 
first  class,  the  mayor,  and  in  every  other  city,  the  mayor,  and  the 
legislative  body  thereof  concurrently,  shall  act  for  such  city  as 
to  such  bill ;  but  the  legislature  may  provide  for  the  concurrence  of 
the  legisative  body  in  cities  of  the  first  class.  The  legislature  shall 
provide  for  a  public  notice  and  opportunity  for  a  public  hearing 


252  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XII,  §  2 

concerning  any  such  bill  in  every  city  to  which  it  relates,  before 
action  thereon.  Such  a  bill,  if  it  relates  to  more  than  one  city, 
shall  be  transmitted  to  the  mayor  of  each  city  to  which  it  relates, 
and  shall  not  be  deemed  accepted  unless  accepted  as  herein  pro- 
vided, by  every  such  city.  Whenever  any  such  bill  is  accepted 
as  herein  provided,  it  shall  be  subject  as  are  other  bills,  to  the 
action  of  the  governor.  Whenever,  during  the  session  at  which 
it  was  passed,  any  such  bill  is  returned  without  the  acceptance 
of  the  city  or  cities  to  which  it  relates,  or  within  such  fifteen  days 
is  not  returned,  it  may  nevertheless  again  be  passed  by  both 
branches  of  the  legislature,  and  it  shall  then  be  subject  as  are 
other  bills,  to  the  action  of  the  governor.  In  every  special  city 
law  which  has  been  accepted  by  the  city  or  cities  to  which  it  re- 
lates, the  title  shall  be  followed  by  the  words  accepted  by  the 
city,  or  cities,  as  the  case  may  be;  in  every  such  law  which  is 
passed  without  such  acceptance,  by  the  words  passed  without  the 
acceptance  of  the  city,  or  cities,  as  the  case  may  be. 

1906.     A.  No.  2009  (Int.  1466). 
A.  J.  1825. 

4.  Initiative  and  referendum 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative  and  the  referendum,  see  p.  271.) 

5.  Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum  and  the  recall,  see  p.  293.) 

6.  Municipal  home  rule 

(For  proposed  amendment  to  this  and  other  sections  providing  for  munici- 
pal home  rule,  see  p.  338.) 

§  3.  All  elections  of  city  officers,  including  supervisors  and 
judicial  officers  of  inferior  local  courts,  elected  in  any  city  or 
part  of  a  city,  and  of  county  officers  elected  in  the  counties  of 
New  York  and  Kings,  and  in  all  counties  whose  boundaries  are 
the  same  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  in  November  in  an 
odd-numbered  year,  and  the  term  of  every  such  officer  shall  ex- 
pire at  the  end  of  an  odd-numbered  year.  The  terms  of  office  of 
all  such  officers  elected  before  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  ninety-five,  whose  successors  have  not 
then  been  elected,  which  under  existing  laws  would  expire  with 
an  even-numbered  year,  or  in  an  odd-numbered  year  and  before 
the  end  thereof,  are  extended  to  and  including  the  last  day  of 
December  next  following  the  time  when  such  terms  would  other- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      253 

Article  XIII,  §  5 

wise  expire;  the  terms  of  office  of  all  such  officers,  which  under 
existing  laws  would  expire  in  an  even-numbered  year,  and  before 
the  end  thereof,  are  abridged  so  as  to  expire  at  the  end  of  the 
preceding  year.  This  section  shall  not  apply  to  any  city  of  the 
third  class,  or  to  elections  of  any  judicial  officer,  except  judges 
and  justices  of  inferior  local  courts. 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Appointment  or  election  of  city  officers  and  county  officers  in  New  York 

city  —  term  —  removal 

(For  proposed  amendment  to  this  and  other  sections  regarding  the  appoint- 
ment or  election  of  city  officers  and  county  officers  in  New  York  City,  their 
term  of  office  and  manner  of  removal,  see  p.  335.) 

2.  Municipal  home  rule 

(For  proposed  amendment  to  this  and  other  sections  providing  for  munici- 
pal home  rule,  see  p.  338.) 

3.  Referendum  on  street  railway  franchises 

§  4.  (Proposal  to  add  the  following  new  section:)  All  fran- 
chises, grants  or  acts  for  the  construction,  operation  or  extension 
of  street  railways,  either  surface,  subway  or  elevated,  in  any  city 
of  the  first  class,  shall  ~be  submitted  to  the  people  of  such  city  at 
a  regular  election,  or  at  a  special  election  called  for  the  purpose, 
and  no  such  franchise,  grant  or  act  shall  be  given  or  made,  or 
shall  be  of  any  effect,  unless  a  majority  of  the  voters  of  such  city 
voting  thereon  at  such  election,  shall  approve  the  same. 

1912.  A.  No.  1943   (Int.  1574). 

A.  J.  1347. 

1913.  A.  No.  457  (Int.  452). 

A.  J.  128. 

4.  Restricting  legislation  as  to  cities  —  municipal  control  of  public  utilities 

(For  proposed  amendment  restricting  legislation  as  to  cities  and  regulat- 
ing municipal  control  of  public  utilities,  see  p.  337.) 


ARTICLE  XIII 

§  5.  No  public  officer,  or  person  elected  or  appointed  to  a  public 
office,  under  the  laws  of  this  State,  shall  directly  or  indirectly  ask, 
demand,  accept,  receive  or  consent  to  receive  for  his  own  use  or 
benefit,  or  for  the  use  or  benefit  of  another,  any  free  pass,  free 
transportation,  franking  privilege  or  discrimination  in  passenger, 
telegraph  or  telephone  rates,  from  any  person  or  corporation,  or 
make  use  of  the  same  himself  or  in  conjunction  with  another, 


254  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XIII,  §  5 

A  person  who  violates  any  provision  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  his  office  at 
the  suit  of  the  Attorney-General.  Any  corporation,  or  officer  or 
agent  thereof,  who  shall  offer  or  promise  to  a  public  officer,  or  per- 
son elected  or  appointed  to  a  public  office,  any  such  free  pass,  free 
transportation,  franking  privilege  or  discrimination,  shall  also  be 
deemed  guilty  of  a  misdemeanor  and  liable  to  punishment  except 
as  herein  provided.  No  person,  or  officer  or  agent  of  a  corpora- 
tion giving  any  such  free  pass,  free  transportation,  franking  privi- 
lege or  discrimination  hereby  prohibited,  shall  be  privileged  from 
testifying  in  relation  thereto,  and  he  shall  not  be  liable  to  civil 
or  criminal  prosecution  therefor  if  he  shall  testify  to  the  giving  of 
the  same. 

AMENDMENT  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 
1.  Repeal 

(Proposal  to  abrogate  this  section.) 
1896.  A.  No.  683  (Int.  632). 
A.  J.  341. 


ARTICLE  XIV 

§  1.  Any  amendment  or  amendments  to  this  Constitution  may 
be  proposed  in  the  Senate  and  Assembly;  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  the  members  elected  to  each  of  the 
two  houses,  such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  and  the  yeas  and  nays  taken  thereon, 
and  referred  to  the  Legislature  to  be  chosen  at  the  next  general 
election  of  senators,  and  shall  be  published  for  three  months  pre- 
vious to  the  time  of  making  such  choice ;  and  if  in  the  Legislature 
so  next  chosen,  as  aforesaid,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  a  majority  of  all  the  members  elected 
to  each  house,  then  it  shall  be  the  duty  of  the  Legislature  to  sub- 
mit each  proposed  amendment  or  amendments  to  the  people  for 
approval  in  such  manner  and  at  such  times  as  the  Legislature  shall 
prescribe ;  and  if  the  people  shall  approve  and  ratify  such  amend- 
ment or  amendments  by  a  majority  of  the  electors  voting  thereon, 
such  amendment  or  amendments  shall  become  a  part  of  the  Con- 
stitution from  and  after  the  first  day  of  January  next  after  such 
approval. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914:      255 

Article  XIV,  §  1 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.  Approval  of  proposed  amendments  by  governor 

§  2.*  Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  in  the  senate  and  assembly ;  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses,  and  approved  by  the  governor,  such  proposed  amendment 
or  amendments  shall  be  entered  on  their  journals,  and  the  yeas 
and  nays  taken  thereon,  and  referred  to  the  legislature  to  be 
chosen  at  the  next  general  election  of  senators,  and  shall  be  pub- 
lished for  three  months  previous  to  the  time  of  making  such 
choice;  and  if  in  the  legislature  so  next  chosen,  as  aforesaid,  such 
proposed  amendment  or  amendments  shall  be  agreed  to  by  a  ma- 
jority of  all  the  members  elected  to  each  house,  and  approved  by 
the  governor,  then  it  shall  be  the  duty  of  the  legislature  to  submit 
[each]  such  proposed  amendment  or  amendments  to  the  people 
for  approval  in  such  manner  and  at  such  '[times]  time  as  the 
legislature  shall  prescribe;  and  if  the  people  shall  approve  and 
ratify  such  amendment  or  amendments  by  a  majority  of  the  elec- 
tors voting  thereon,  such  amendment  or  amendments  shall  become 
a  part  of  the  constitution  from  and  after  the  first  day  of  January 
next  after  such  approval. 

1907.     A.  No.  2627  (Int.  1836). 
A.  J.  2684. 

2.  Vote  of  people  necessary  to  ratify  amendment  proposed  by  legislature  — 

time  of  submission 

§  1.  Any  amendment  or  amendments  to  this  Constitution  may 
be  proposed  in  the  senate  and  assembly ;  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the 
two  houses,  such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  and  the  yeas  and  nays  taken  thereon, 
and  referred  to  the  legislature  to  be  chosen  at  the  next  general 
election  of  senators,  and  shall  be  published  for  three  months 
previous  to  the  time  of  making  such  choice;  and  if  in  the  legis- 
lature so  next  chosen,  as  aforesaid,  such  proposed  amendment  or 
amendments  shall  be  agreed  to  by  a  majority  of  all  the  members 
elected  to  each  house,  then  it  shall  be  the  duty  of  the  legislature 
to  submit  [each]  such  proposed  amendment  or  amendments  to 
the  people  for  approval  in  such  manner  and  at  such  [times] 

*  So  in  original.     Compared  with  Art.  XIV,  $  1. 


256  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  XIV,  §  1 

general  election  as  the  legislature  shall  prescribe ;  and  if  the  people 
shall  approve  and  ratify  such  amendment  or  amendments  by  the 
affirmative  vote  of  electors  equal  in  number  to  a  majority  of  the 
electors  of  the  state  voting  for  members  of  assembly  at  the  election 
at  which  such  proposed  amendment  is  submitted,  [voting 
thereon,]  such  amendment  or  amendments  shall  become  a  part 
of  the  Constitution  from  and  after  the  first  day  of  January  next, 
after  such  approval. 

1906.  S.  No.  997  (Int.  785). 

8.  J.  748. 

1907.  A.  No.  768  (Int.  164).  To  S. 

A.  J.  51,  144,  255,  290,  323,  387,  427. 
S.  J.  272. 

1908.  A.  No.  555  (Int.  517).  To  S. 

A.  J.  185,  325,  387,  421,  442,  463,  486,  532. 
S.  J.  270. 

§  1.  Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  in  the  senate  and  assembly ;  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the 
two  houses,  such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  and  the  yeas  and  nays  taken  thereon, 
and  referred  to  the  legislature  to  be  chosen  at  the  next  general 
election  of  senators,  and  shall  be  published  for  three  months  pre- 
vious to  the  time  of  making  such  choice ;  and  if  in  the  legislature 
so  next  chosen,  as  aforesaid,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  a  majority  of  all  the  members  elected 
to  each  house,  then  it  shall  be  the  duty  of  the  legislature  to  submit 
such  proposed  amendment  or  amendments  to  the  people  for  ap- 
proval in  such  manner  and  at  such  '[times]  general  election  as 
the  legislature  shall  prescribe ;  and  if  the  people  shall  approve  and 
ratify  such  amendment  or  amendments  in  one  of  the  -following 
methods:  First,  by  the  affirmative  vote  of  electors  equal  in  num- 
ber to  a  majority  of  the  electors  of  the  state  voting  for  members 
of  assembly  at  the  election  at  which  such  proposed  amendment  is 
submitted,  [voting  thereon]  or  second,  provided  two-thirds  of  all 
the  electors  voting  at  such  election  shall  vote  thereon,  by  the 
affirmative  votes  of  a  majority  of  the  electors  voting  thereon; 
such  amendment  or  amendments  shall  become  a  part  of  the  con- 
stitution from  and  after  the  first  day  of  January  next,  after  such 
approval. 

1906.  A.  No.  1600  (Int.  585).  To  S. 

A.  J.  275,  335,  478,  521,  555,  570,  613,  739,  767,  786,  827,  921,  1002, 

1132,  1191,  1417,  1488,  1592. 
S.  J.  822. 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      257 

Article  XIV,  §  1 

3.  Two-thirds  vote  of  legislature  on  proposed  amendments 

§  1.  Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  in  the  Senate  and  Assembly ;  and  if  the  same  shall-be 
agreed  to  by  [a  majority]  two-thirds  of  all  of  the  members 
elected  to  each  [of  the  two  houses]  house,  such  proposed  amend- 
ment or  amendments  shall  be  entered  on  their  journals,  and  the 
yeas  and  nays  taken  thereon,  and  referred  to  the  legislature  to 
be  chosen  at  the  next  general  election  of  senators,  and  shall  be 
published  for  three  months  previous  to  the  time  of  making  such 
choice ;  and  if  in  the  legislature  so  next  chosen,  as  aforesaid,  such 
proposed  amendment  or  amendments  shall  be  agreed  to  by  [a 
majority]  two-thirds  of  all  the  members  elected  to  each  house, 
then  it  shall  be  the  duty  of  the  legislature  to  submit  each  pro- 
posed amendment  or  amendments  to  the  people  for  approval  in 
such  manner  and  at  such  times  as  the  legislature  shall  prescribe; 
and  if  the  people  shall  approve  and  ratify  such  amendment  or 
amendments  by  a  majority  of  the  electors  voting  thereon,  such 
amendment  or  amendments  shall  become  a  part  of  the  constitution 
from  and  after  the  first  day  of  January  next  after  such  approval. 

1910.     A.  No.  1015  (Int.  867). 
A.  J.  560. 

4.  Two-thirds  vote  of  legislature  on  proposed  amendments  —  time  of  sub- 

mission to  people  —  vote  necessary  to  ratify  amendment 

§  1.  Any  amendment  or  amendments  to  this  Constitution  may 
be  proposed  in  the  Senate  and  Assembly ;  and  if  the  same  shall  be 
agreed  to  by  [a  majority]:  two-thirds  of  the  members  elected  to 
each  of  the  two  houses,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  journals,  and  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  Legislature  to  be  chosen  at  the  next 
general  election  of  senators,  and .  shall  be  published  for  three 
months  previous  to  the  time  of  making  such  choice;  and  if  in 
the  Legislature  so  next  chosen,  as  aforesaid,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  [a  majority]  two- 
thirds  of  all  the  members  elected  to  each  house,  then  it  shall  be 
the  duty  of  the  Legislature  to  submit  each  proposed  amendment  or 
amendments  to  the  people  for  approval  in  such  manner  and  at 
such  times  as  the  Legislature  shall  prescribe;  and  if  such  amend- 
ment or  amendments  shall  be  submitted  to  the  people  at  a  general 
election  at  which  members  of  assembly  are  elected  and  [if]  the 


258  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XIV,  §   1 

people  shall  approve  and  ratify  such  amendment  or  amendments 
by  a  majority  of  the  electors  voting  thereon  and  tlie  vote  in  favor 
thereof  shall  equal  one-third  of  the  total  vote  for  members  of 
assembly  at  such  election.,  or  if  submitted  at  any  other  election., 
if  the  people  shall  approve  and  ratify  such  amendment  or  amend- 
ments by  a  majority  vote  of  the  electors  voting  thereon,  and  the 
vote  in  favor  thereof  shall  equal  one-third  of  the  total  vote  for 
members  of  assembly  at  the  last  preceding  general  election  at 
which  members  of  assembly  were  elected,  such  amendment  or 
amendments  shall  in  either  case  become  a  part  of  the  Constitution 
from  and  after  the  first  day  of  January  next  after  such  approval. 

1910.     A.  No.  745  (Int.  184).    To  S. 

A.  J.  66,  93,  250,  300,  344,  351,  414,  499,  500. 
S.  J.  246. 

5.  Submission  of  amendments  on  petition  of  voters 

§  1.  (Proposal  to  add  the  following:)  provided,  that  if  at  any 
time,  any  specific  amendment  or  amendments  to  this  constitution 
be  proposed  upon  a  petition  to  the  legislature  of  one  hundred  thou- 
sand legal  voters  of  the  state,  it  shall  be  the  duty  of  the  legislature 
to  submit  such  proposed  amendment  or  amendments  to  the  people 
at  a  special  election  to  be  held  for  the  purpose,  or  at  the  next  gen- 
eral state  election;  and  if  any  such  proposed  amendment  or  amend- 
ments shall  be  approved  and  ratified  by  a  majority  of  the  voters 
voting  thereon,  it  shall  become  a  part  of  the  constitution  of  this 
state. 

1912.     A.  No.  1715  (Int.  1437). 
A.  J.  986. 

6.  Initiative  and  referendum 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative  and  referendum,  see  p.  271.) 

7.  Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum  and  the  rcall  of  elective  officers,  see  p.  293.) 

8.  Single  legislative  body 

(For  proposed  amendment  to  this  and  other  sections  providing  for  a 
single  legislative  body,  see  p.  316.) 

§  2.  At  the  general  election  to  be  held  in  the  year  one  thousand 
nine  hundred  and  sixteen,  and  every  twentieth  year  thereafter, 
and  also  at  such  times  as  the  Legislature  may  by  law  provide, 
the  question,  ' '  Shall  there  be  a  convention  to  revise  the  Constitu- 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      259 

Article  XIV,  §  2 

tion  and  amend  the  same?  "  shall  be  decided  by  the  electors  of 
the  State;  and  in  case  a  majority  of  the  electors  voting  thereon 
shall  decide  in  favor  of  a  convention  for  such  purpose,  the  electors 
of  every  senate  district  of  the  State,  as  then  organized,  shall  elect 
three  delegates  at  the  next  ensuing  general  election  at  which 
members  of  the  Assembly  shall  be  chosen,  and  the  electors  of  the 
State  voting  at  the  same  election  shall  elect  fifteen  delegates  at 
large.  The  delegates  so  elected  shall  convene  at  the  capitol  on 
the  first  Tuesday  of  April  next  ensuing  after  their  election,  and 
shall  continue  their  session  until  the  business  of  such  convention 
shall  have  been  completed.  Every  delegate  shall  receive  for  his 
services  the  same  compensation  and  the  same  mileage  as  shall 
then  be  annually  payable  to  the  members  of  the  Assembly.  A  ma- 
jority of  the  convention  shall  constitute  a  quorum  for  the  trans- 
action of  business,  and  no  amendment  to  the  Constitution  shall 
be  submitted  for  approval  to  the  electors  as  hereinafter  provided, 
unless  by  the  assent  of  a  majority  of  all  the  delegates  elected  to 
the  convention,  the  yeas  and  nays  being  entered  on  the  journal 
to  be  kept.  The  convention  shall  have  the  power  to  appoint  such 
officers,  employees  and  assistants  as  it  may  deem  necessary,  and 
fix  their  compensation  and  to  provide  for  the  printing  of  its  docu- 
ments, journal  and  proceedings.  The  convention  shall  determine 
the  rules  of  its  own  proceedings,  choose  its  own  officers,  and  be 
the  judge  of  the  election,  returns  and  qualification  of  its  mem- 
bers. In  case  of  a  vacancy,  by  death,  resignation  or  other  cause, 
of  any  district  delegate  elected  to  the  convention,  such  vacancy 
shall  be  filled  by  a  vote  of  the  remaining  delegates  representing 
the  district  in  which  such  vacancy  occurs.  If  such  vacancy  occurs 
in  the  office  of  a  delegate-at-large,  such  vacancy  shall  be  filled 
by  a  vote  of  the  remaining  delegates-at-large.  Any  proposed  con- 
stitution or  constitutional  amendment  which  shall  have  been 
adopted  by  such  convention,  shall  be  submitted  to  a  vote  of  the 
electors  of  the  State  at  the  time  and  in  the  manner  provided  by 
such  convention,  at  an  election  which  shall  be  held  not  less  than 
six  weeks  after  the  adjournment  of  such  convention.  Upon  the 
approval  of  such  constitution  or  constitutional  amendments,  in 
the  manner  provided  in  the  last  preceding  section,  such  constitu- 
tion or  constitutional  amendment,  shall  go  into  effect  on  the  first 
day  of  January  next  after  such  approval. 


260  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XIV,  §  2 

AMENDMENTS  PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.    Vote  necessary  to  ratify  constitution  or  constitutional  amendments  sub- 
mitted by  constitutional  convention 

§  2.  At  the  general  election  to  be  held  in  the  year  one  thousand 
ftine  hundred  and  sixteen,  and  every  twentieth  year  thereafter, 
and  also  at  such  times  as  the  legislature  may  by  law  provide,  the 
question,  "  Shall  there  be  a  convention  to  revise  the  constitution 
and  amend  the  same?"  shall  be  decided  by  the  electors  of  the 
state;  and  in  case  a  majority  of  the  electors  voting  thereon  shall 
decide  in  favor  of  a  convention  for  such  purpose,  the  electors  of 
every  senate  district  of  the  state,  as  then  organized,  shall  elect  three 
delegates  at  the  next  ensuing  general  election  at  which  members 
of  the  assembly  shall  be  chosen,  and  the  electors  of  the  state  voting 
at  the  same  election  shall  elect  fifteen  delegates-at-large.  The  dele- 
gates so  elected  shall  convene  at  the  capitol  on  the  first  Tuesday 
of  April  next  ensuing  after  their  election,  and  shall  continue  their 
session  until  the  business  of  such  convention  shall  have  been  com- 
pleted. Every  delegate  shall  receive  for  his  services  the  same  com- 
pensation and  the  same  mileage  as  shall  then  be  annually  payable 
to  the  members  of  the  assembly.  A  majority  of  the  convention 
shall  constitute  a  quorum  for  the  transaction  of  business,  and  no 
amendment  to  the  constitution  shall  be  submitted  for  approval  to 
the  electors  as  hereinafter  provided,  unless  by  the  assent  of  a  ma- 
jority of  all  the  delegates  elected  to  the  convention,  the  yeas  and 
nays  being  entered  on  the  journal  to  be  kept.  The  convention  shall 
have  the  power  to  appoint  such  officers,  employees  and  assistants  as 
it  may  deem  necessary,  and  fix  their  compensation  and  to  provide 
for  the  printing  of  its  documents,  journal  and  proceedings.  The 
convention  shall  determine  the  rules  of  its  own  proceedings,  choose 
its  own  officers,  and  be  the  judge  of  the  election,  returns  and  quali- 
fications of  its  members.  In  case  of  a  vacancy,  by  death,  resigna- 
tion or  other  cause,  of  any  district  delegate  elected  to  the  conven- 
tion, such  vacancy  shall  be  filled  by  a  vote  of  the  remaining  dele- 
gates representing  the  district  in  which  such  vacancy  occurs.  If 
such  vacancy  occurs  in  the  office  of  a  delegate-at-large,  such  vacancy 
shall  be  filled  by  a  vote  of  the  remaining  delegates-at-large.  Any 
proposed  constitution  or  constitutional  amendment  which  shall 
have  been  adopted  by  such  convention,  shall  be  submitted  to  a 
vote  of  the  electors  of  the  state  at  the  time  and  in  the  manner  pro- 
vided by  such  convention,  at  an  election  which  shall  be  held  not 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      261 

Article  XIV,  §  2 

less  than  six  weeks  after  the  adjournment  of  such  convention[.]  ; 
and  if  the  people  shall  approve  and  ratify  [Upon  the  approval  of] 
such  constitution  or  constitutional  amendments  by  a  majority  of 
the  electors  voting  thereon,  [in  the  manner  provided  in  the  last 
preceding  section,]  such  constitution  or  constitutional  amendment, 
shall  go  into  effect  on  the  first  day  of  January  next  after  such 
approval. 

1906.  A.  No.  1600  (Int.  585).     To  S. 

A.  J.   275,  335,  478,  521,  555,  570,  613,  739,   767,  786,  827,  921, 

1002,  1132,  1191,  1417,  1488,  1592. 
S.  J.  822. 

1907.  A.  No.  768  (Int.  164).     To  S. 

A.  J.  51,  144,  255,  290,  323,  387,  427. 
S.  J.  272. 

1908.  A.  No.  555  (Int.  517).    To  S. 

A.  J.  185,  325,  387,  421,  442,  463,  486,  532. 
S.  J.  270. 

2.  Initiative,  referendum  and  recall 

(For  proposed  amendment  to  this  and  other  sections  providing  for  the 
initiative,  the  referendum  and  the  recall  of  elective  officers,  see  p.  293.) 

3.  Single  legislative  body 

(For   proposed   amendment   to   this   and   other   sections   providing   for   a 
single  legislative  body,  see  p.  316.) 


PROPOSALS  TO  ADD  NEW  ARTICLE  XVI 

1.     Initiative  and  referendum 

§  1.  (The  two  following  proposals  to  add  a  new  Article  XVI 
were  not  submitted  to  the  people.)  The  right  to  approve  or  to  re- 
ject proposed  amendments  to  the  constitution,  and  proposed  laws 
applying  to  the  State  as  a  whole,  shall  rest  with  a  majority  of  the 
electors  of  the  State.  The  right  to  approve  or  reject  proposed  laws 
applying  only  to  any  political  subdivision  of  the  State  (such  as 
county,  city,  town  or  village)  shall  rest  with  a  majority  of  the 
qualified  electors  of  such  political  subdivision.  The  method  of 
such  approval  or  rejection  shall  be  that  known  as  the  referendum. 

§  2.  The  right  to  propose  amendments  to  this  constitution,  and 
laws  applying  to  the  State  as  a  whole,  shall  (in  addition  to  being 
exercised  by  members  of  the  senate  and  assembly)  rest  with  the 
electors  of  the  State;  and  the  right  to  propose  laws  affecting  only 
a  political  subdivision  of  the  State,  such  as  are  enumerated  in 
section  one  of  this  article,  shall  (in  addition  to  being  exercised 
by  members  of  the  local  legislature)  rest  with  the  electors  of  such 
subdivision.  The  method  to  be  employed  in  so  proposing  meas- 
ures shall  be  that  known  as  the  initiative. 

§  3.  The  right  to  demand  a  submission  of  any  measure  to  the 
direct  vote  of  the  electors,  shall,  in  the  case  of  amendments  to 
this  constitution,  and  of  laws  applying  to  the  State  as  a  whole, 
rest  with  such  proportion  of  the  electors  thereof,  not  to  exceed 
ten  per  centum,  as  may  be  determined  by  law;  and  in  case  of 
laws  applying  only  to  a  political  subdivision  of  the  State,  with 
such  proportion  of  the  electors  of  such  subdivision,  not  to  exceed 
ten  per  centum,  as  may  be  determined  by  a  law  of  such  subdivision. 
In  determining  the  percentage  of  electors  required  to  make  any 
demand  for  submission  legal,  the  same  shall  be  computed  upon  the 
number  of  electors  casting  ballots  at  the  last  regular  election  im- 
mediately preceding  the  filing  of  such  demand. 

§  4.  All  demands  for  such  submissions  to  direct  vote  of  the 
electors  shall  be  written  or  printed.,  shall,  when  demanding  sub- 
mission of  bills  already  enacted  by  a  legislative  body,  refer  the 
same  by  title,  chapter  and  number,  if  the  bill  have  such  designa- 
tions, and  shall  in  all  other  cases  contain  the  full  text  of  the  pro- 
posed law.  Such  demands  shall  be  signed  by  the  electors  making 
the  same,  and  shall  state  adjacent  to  each  signature  the  place  where 

[262] 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      263 

Article  XVI,  §  6 

such  person  resides,  and  at  least  ten  of  the  persons  signing  the 
same  in  each  county  where  signatures  are  obtained,  shall  make 
oath  before  a  competent  officer  that  they  are  themselves  duly 
qualified  electors  residing  at  the  places  stated  adjacent  to  their 
respective  signatures,  and  believe  that  all  the  other  persons  sign- 
ing such  demand  and  residing  in  the  same  county  with  themselves 
are  also  duly  qualified  electors  residing  as  stated  therein.  Such 
demands  shall,  in  case  of  laws  applying  to  the  State  as  a  whole, 
be  filed  with  the  secretary  of  state,  and  in  case  of  laws  applying 
only  to  a  political  subdivision  of  the  State,  with  such  officer  of  such 
subdivision  as  the  law  thereof  may  direct. 

§  5.  All  measures  demand  for  the  submission  of  which  has 
been  duly  filed  with  the  proper  officer  shall  be  by  him  properly 
published  in  full  according  to  law,  and  he  shall  cause  the  same 
to  be  submitted  to  a  direct  vote  of  the  electors  qualified  to  vote 
thereon,  at  the  fi,rst  regular  election  held  after  the  expiration  of 
thirty  days  from  the  filing  of  such  demand;  and  the  secretary  of 
state,  or  other  proper  officer  qualified  to  receive  the  same,  with 
whom  any  such  demand  for  the  submission  of  any  measure,  filed 
•under  any  of  the  various  sections  of  this  article,  shall  have  been 
in  due  form  filed,  who  shall  neglect  or  refuse  to  comply  with 
such  demand,  and  who  shall  fail  to  submit  properly  the  measure 
therein  named  to  a  vote  of  the  electors  qualified  to  vote  thereon 
at  the  first  election  at  which  the  same  may  be  legally  submitted 
shall  be  deemed  to  be  guilty  of  misfeasance  in  office,  and  shall 
be  liable  to  impeachment,  and  to  be  indicted  and  punished  as 
may  be  by  law  directed;  provided,  that  nothing  in  this  section 
contained  shall  be  held  to  require  the  submission  of  any  measure 
proposed  by  the  electors  through  the  initiative,  which  shall  have 
been  enacted  without  change  or  amendment  therein  by  any  com- 
petent legislative  body,  and  which  shall  have  duly  become  law  at 
least  thirty  days  prior  to  the  first  regular  election  at  which  the 
same  might  legally  be  submitted  to  direct  vote  of  the  electors. 

§  6.  When  a  demand,  through  the  initiative,  for  the  submis- 
sion of  a  proposed  measure  is  duly  filed  with  the  officer  qualified 
to  receive  the  same,  he  shall,  if  the  legislative  body  competent 
to  enact  such  proposed  measure  into  law  be  in  session,  or  if  it 
shall  be  regularly  convened  before  such  proposed  measure  can 
be  legally  submitted  to  a  direct  vote  of  the  electors,  forthwith 
present  such  proposed  measure  to  such  legislative  body,  by  filing 


264          NEW  YOKK  STATE  CONSTITUTION  ANNOTATED       [Part 

Article  XVI,  §  7 

with  the  clerk  thereof,  or  with  the  clerk  of  each  house  thereof 
if  such  legislative  body  consist  of  more  than  one  house,  a  duly 
certified  copy  of  the  proposed  measure  and  the  demand  for  the 
submission  of  the  same  on  file  in  his  office,  together  with  a  state- 
ment of  the  number  of  signatures  appended  thereto,  and  there- 
upon  such  proposed  measure  shall  take  precedence  in  such  legis- 
lative body  over  all  bills  introduced  by  members;  and  if  such 
measure  be  not  passed  by  such  legislative  body,  and  duly  made 
law,  at  least  thirty  days  prior  to  the  holding  of  the  first  election 
at  which  such  measure  can  legally  be  submitted  to  a  vote  of  the 
electors,  the  officer  with  whom  such  demand  shall  have  been  filed 
shall  submit  the  same  to  a  direct  vote  of  the  electors  qualified 
to  vote  thereon,  according  to  the  provisions  of  this  article  and 
the  laws  relating  to  submissions  and  elections. 

§  7.  In  case  any  legislative  body  shall  in  any  manner  alter 
or  amend,  before  passing  the  same,  any  measure  proposed 
through  the  initiative  by  electors  and  submitted  to  such  body 
under  the  provisions  of  the  preceding  section,  then  and  in  that 
event,  the  measure  as  initiated  by  the  demand  fled,  and  the 
measure  as  amended  and  passed  by  such  legislative  body,  shall 
both  be  submitted  to  a  direct  vote  of  the  electors  qualified  to  vote 
thereon,  under  separate  and  distinct  titles,  as  provided  in  this 
article;  and  the  measure  receiving  an  affirmative  majority  of  the 
votes  cast  for  and  against  such  measure  shall  become  law;  but  if 
both  of  such  measures  receive  an  affirmative  majority  of  the  votes 
cast  for  and  against  each  of  the  same,  the  one  receiving  the  higher 
affirmative  majority  shall  become  law,  and  the  other  shall  be 
deemed  to  have  been  rejected* 

§  8.  The  legislature  may,  by  a  three-fourths  vote  of  all  the 
members  elected  to  each  house,  declare  certain  bills  to  be  urgent , 
and  such  bills  so  declared  to  be  urgent,  when  approved  by  the  gov- 
ernor, shall  take  immediate  effect;  but  the  legislature  shall  have 
no  power  to  declare  bills  to  be  urgent,  except  those  relating  to  the 
immediate  preservation  of  the  public  peace  or  of  the  public  health. 

§  9.  Bills  passed  by  the  legislature,  other  than  those  declared 
to  be  urgent,  and  which  shall  become  law  with  or  without  the 
approval  of  the  governor,  shall  go  into  effect  at  the  expiration  of 
sixty  days  after  the  date  of  the  final  adjournment  of  the  legisla- 
ture passing  such  bills,  unless  a  demand  for  the  referendum,  as 
provided  in  this  article,  shall  in  the  interim  be  filed  with  the  sec- 
retary  of  state. 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      265 


Article  XVI,    13 


§  10.  Neither  the  legislature,  nor  any  local  legislative  body, 
shall  have  power  to  enact  laws  which  shall  in  any  manner  alter, 
modify,  repeal,  or  render  nugatory  laws  which  have  been  enacted 
by  a  direct  vote  of  the  electors  of  the  State  or  of  any  political  sub- 
division thereof. 

§  11.  All  laws,  general  or  local,  enacted  by  a  direct  vote  of  the 
electors  under  the  provisions  of  this  article,  shall  become  law,  un- 
less otherwise  explicitly  staled  therein,  immediately  upon  the 
certification  and  filing  witli  the  proper  officers  of  the  result  of  the 
canvass  of  the  ballots  cast  for  and  against  the  same,  provided  that 
such  canvass  shall  show  that  more  persons  have  voted  for  than 
have  voted  against  the  enactment  of  such  law. 

§  12.  Either  house  of  the  legislature,  or  of  the  legislative  body 
of  any  political  subdivision  of  the  State,  may,  of  its  own  motion, 
by  resolution,  provide  for  the  submission  to  a  direct  vote  of  the 
electors  qualified  to  vote  thereon  of  any  measure  introduced  in, 
pending  before,  or  enacted  by  it,  or  of  any  question  upon  which 
such  body  may  desire  the  instruction  of  its  constituents;  and 
immediately  upon  the  passage  of  any  such  resolution  for  sub- 
mission it  shall  become  the  duty  of  the  cleric  of  such  body  to  forth- 
with file  the  same  with  the  officer  competent  to  receive  demands 
for  the  submission  of  like  measures,  or  measures  relating  to  the 
same  matters  as  such  question,  when  filed  by  electors,  by  deposit- 
ing in  the  office  of  such  officer  duly  certified  copies  of  such  measure 
or  question  and  of  the  resolution  of  submission  relating  thereto, 
duly  signed  by  the  presiding  officer  and  clerk  of  such  body,  and 
attested  by  the  seal  thereof,  if  such  body  have  one;  and  thereupon 
it  shall  become  the  duty  of  such  officer,  with  whom  such  papers 
shall  have  been  filed,  to  cause  such  measure  or  question  to  be  sub- 
mitted to  a  direct  vote  of  the  electors  qualified  to  vote  thereon,  in 
the  same  manner,  and  under  the  same  penalties  for  failure  so  to 
do,  as  is  provided  in  this  article  for  the  submission  of  measures 
upon  demand  made  and  filed  by  electors. 

§  13.  Either  house  of  the  legislature,  or  of  the  legislative  body 
of  any  political  subdivision  of  the  State,  providing  by  resolution 
for  the  submission  of  any  measure  or  question  as  provided  for  in 
the  preceding  section,  when  no  regular  election  at  which  the  same 
can  be  submitted  to  a  vote  of  the  electors  qualified  to  vote  thereon 
shall  be  appointed  to  be  held  within  sixty  days  from  the  date  of 
the  passage  of  such  resolution  of  submission,  may,  by  a  vote  of  two- 


266  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XVI,  §    1 

thirds  of  all  the  members  elected  to  such  house,  incorporate  in  such 
resolution  a  clause  or  section  declaring  it  to  be  the  sense  of  such 
body  that  the  public  safety  demands  that  the  measure  or  question 
referred  to  therein  should  be  submitted  and  voted  upon  without 
delay  and  at  a  special  election  to  be  called  for  that  purpose;  and 
upon  the  filing  of  a  resolution  of  submission  containing  such  a 
clause  passed  by  any  such  body,  ivith  the  proper  officer,  it  shall 
become  the  duty  of  such  officer  to  cause  a  special  election  for  the 
submission  of  such  measure  or  question  to  be  called  forthwith; 
and  thereupon  the  same  proceedings  shall  be  had,  and  the  said 
measure  or  question  shall  be  published,  submitted  and  voted  upon 
in  the  same  manner  and  under  the  same  restrictions  as  to  manner, 
place  and  time  of  publication  of  the  measure  or  question,  and  of 
the  manner,  time,  and  place  of  calling  and  holding  the  election 
as  is  provided  in  this  constitution,  and  the  laws  relating  thereto, 
for  the  submission  of  measures  of  similar  import  to  vote  of  the 
electors  at  regular  elections. 

1895.  S.  No.  947  (Int.  763).  To  A. 

S.  J.  842,  1886,  1899,  2045,  2049. 
A.  J.  .* 

§  1.  The  legislative  power  of  this  state  is  inherent  in  the  people 
thereof  and  unalienably  vested  in  them,  and  they  shall  have  the 
right  to  exercise  such  power  by  direct  vote  in  the  manner  provided 
for  by  this  article. 

§  2.  Whenever  any  fifty  thousand  of  the  duly  qualified  electors 
of  the  state  competent  to  vote  for  members  of  the  senate  and  as- 
sembly shall  sign,  execute  and  file  with  the  secretary  of  state  in 
the  manner  provided  for  by  this  article  and  the  law,  a  petition 
demanding  the  submission  to  a  direct  vote  of  the  electors  of  the 
state  of  any  existing  law,  or  any  enactment,  bill,  resolution,  order 
or  ordinance  whatsoever  of  the  senate  and  assembly,  or  the  senate 
or  assembly,  or  of  any  proposed  amendment  to  this  constitution 
or  of  any  proposed  law,  enactment,  bill,  resolution,  order  or  ordi- 
nance which  may  be  set  forth  in  such  petition,  thereupon  the  secre- 
tary of  state  shall  cause  the  same  to  be  submitted  to  the  electors 
of  the  state  for  their  approval  or  rejection  by  direct  ballot  of  a 
"  Yes  "  and  "  No  "  vote,  at  the  first  general  election  held  after 
the  expiration  of  four  months  from  the  date  of  the  filing  of  such 


*  Senate  Bill  No.  947    (Int.   763)   was  apparently  never  received  in  the 
Assembly. 


11]       AMENDMENTS  ADOPTED  ASD  PROPOSED,  1895-1914      267 

Article  XVI,   §  4 

petition  in  the  office  of  such  secretary.  In  the  case  of  existing 
lairs,  enactments,  bills,  resolutions,  orders  or  ordiiw.nces,  or  which 
have  been  introduced  in  or  are  pending  before  either  the  senate  or 
assembly,  or  which  have  passed  the  same,  but  which  have  not  yet 
become  of  full  force  and  effect,  the  same  may  be  designated  and 
referred  to  in  any  suck  petition  by  the  title,  and  if  it  have  any 
number  by  its  number  also;  but  in  the  case  of  amendments  to 
this  constitution,  and  of  all  laws,  enactments,  bills,  resolutions, 
orders  or  ordinances  proposed  by  any  such  petition  without  hav- 
ing first  been  introduced  in  the  senate  or  assembly,  the  full  text 
thereof  shall  be  set  forth  in  the  petition.  Any  such  petition  may 
be  written  or  printed,  or  partly  written  and  partly  printed,  may 
be  on  more  than  one  sheet  of  paper,  more  than  one  of  which  sheets 
may  contain  such  petition  in  full,  shall  be  signed  by  the  electors 
in  ink,  and  shall  be  of  such  form  and  executed  in  such  manner  as 
may  be  by  law  provided,  save  that  such  petitions  shall  contain  no 
clause  indicating  whether  the  vole  of  the  electors  signing  the  same 
will  be  "  Yes  "  or  "  No  "  upon  the  referendum  had  thereunder. 

§  3.  For  at  least  ninety  days  immediately  preceding  an  election 
at  which  any  such  referendum  is  to  be  had,  the  secretary  of  state 
shall  cause  any  amendment  to  this  constitution,  law,  enactment, 
bill,  resolution,  order  or  ordinance  to  be  voted  upon  thereat  to  be 
published  in  full  at  least  once  in  each  'week  in  each  county  of  the 
state  in  the  same  manner  and  in  and  by  the  same  mediums  pro- 
vided for  by  law  for  the  publication  of  notices  of  such  election. 
The  compensation  to  be  paid  for  the  publication  thereof  shall  be 
fixed  by,  lair,  and  any  newspaper  publisher,  proprietor,  manager 
or  editor,  who  shall  neglect  or  refuse  to  properly  publish  any  such 
matter  when  requested  to  do  so  by  the  secretary  of  state  sli.aU  be 
guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  punished 
as  provided  for  by  law. 

§  4-.  The  senate  and  assembly,  or  the  senate  or  assembly,  may  by 
vote,  and  the  governor  may  of  his  own  motion  by  public  proclama- 
tion duly  made,  dem,and  and  direct  the  secretary  of  state  to  cause 
a  referendum  to  be  had  upon  any  matter  upon  which  the  required 
number  of  electors  might  by  petition  so  demand,  and  Hie  S/IDIC  shall 
hare  the  same  force  and  effect  as  a  petition  in  cine  form  duly  made 
and  filed,  and  upon  due  notice  thereof  the  secretary  of  state  shall 
cause  the  same  proceedings  to  be  had  as  would  be  necessary  upon 
the  filing  of  a  legal  petition  by  the  required  number  of  electors. 
PAKT  11  —  10 


268  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XVI,  §  5 

§  5.  No  law,  enactment,  bill,  resolution,  order  or  ordinance, 
passed  or  enacted  by  the  senate  and  assembly  shall  take  effect  prior 
to  the  expiration  of  ninety  days  after  the  day  of  the  final  adjourn- 
ment of  the  legislature  passing  or  enacting  the  same;  and  if  prior 
to  the  expiration  of  such  ninety  days  a  referendum  upon  any  such 
law,  enactment,  bill,  resolution,  order  or  ordinance,  shall  be  in  due 
form  demanded,  the  same  shall  not  take  effect  until  such  time  as 
the  same  shall  have  been  ratified  and  re-enacted  by.  a  majority  vote 
of  the  electors  voting  thereon;  provided,  that  the  senate  and  as- 
sembly may,  with  the  approval  of  the  governor,  and  by  a  two-thirds 
vote  of  all  the  members  elected  to  each  house,  provide  that  any 
such  law,  enactment,  bill,  resolution,  order  or  ordinance  relating 
to  the  immediate  preservation  of  the  public  peace,  health  or  safety 
shall  take  immediate  effect. 

§  6.  Unless  otherwise  expressly  stated  therein  all  laws,  enact- 
ments, bills,  resolutions,  orders,  ordinances,  or  amendments  to  this 
constitution  enacted  by  the  referendum  shall  take  effect  at  twelve 
o'clock  noon  of  the  day  following  the  day  on  which  the  certifi- 
cate of  the  proper  canvassing  authorities  showing  the  result  of  the 
official  canvass  of  all  the  votes  cast  for  and  against  the  same  shall 
have  been  filed  with  the  secretary  of  state.  Immediately  upon  the 
receipt  of  such  canvassers'  certificate  it  shall  be  the  duty  of  the 
secretary  of  state  to  append  to  the  original  or  originals  of  any  such 
law,  enactment,  bill,  resolution,  order,  ordinance  or  amendment 
to  this  constitution  on  file  in  his  office,  a  statement  setting  forth 
the  date  of  the  referendum  had  thereon,  the  number  of  votes  cast 
for  and  against  the  same,  and  the  date  of  the  filing  in  his  office 
of  the  certificate  of  the  canvassers  of  the  votes  thereon,  to  ivhich 
he  shall  affix  his  seal,  and  such  statement,  or  an  abridgement 
thereof  setting  forth  su,ch  facts  shall  be  printed  upon  each  copy  of 
any  such  law,  enactment,  bill,  resolution,  order,  ordinance  or 
amendment  to  this  constitution  so  voted  upon  at  any  such  refer- 
endum, whether  ratified  or  unratified,  ivhich  may  be  thereafter 
issued  from  the  office  of  the  secretary  of  state  or  published  under 
his  authority. 

Provided,  That  no  amendment  to  this  constitution  submitted 
upon  a  petition  signed  by  the  electors  shall  be  deemed  to  have  been 
carried,  ratified,  confirmed,  and  become  a  part  of  this  constitution 
unless  the  same  shall  have  been  ratified  by  a  majority  vote  of  all 
the  electors  voting  for  and  against  the  same  at  two  successive  elec- 


IIj       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      269 


Article  XVI,  §  12 


tions;  but  in  case  of  any  such  amendment  one  petition  only  shall 
be  required,  and  the  referendum  shall  be  had  thereon  at  the  sec- 
ond election  only  in  case  a  majority  of  tlie  electors  voting  for  and 
against  such  amendment  shall  have  duly  ratified  the  same  at  the 
first  election. 

§  7.  The  enacting  clause  of  all  laws,  enactments,  bills,  resolur 
tions,  orders,  or  ordinances  enacted  by  the  referendum  shall  be: 

'''  The  People  of  the  State  of  New  York  by  the  Referendum  do 
Enact  as  follows:"  and  the  secretary  of  state  shall,  if  necessary, 
after  any  such  enactment  by  the  referendum,  amend  the  enact- 
ment clause  thereof  into  such  form. 

§  8.  The  approval  or  signature  of  the  governor  or  any  other  per- 
son shall  not  be  necessary  upon  any  law,  enactment,  bill,  resolu- 
tion, order,  ordinance  or  amendment  to  this  constitution  enacted 
by  the  referendum  in  order  to  render  the  same  fully  operative. 

§  9.  It  shall  be  the  duty  of  the  legislature  at  the  next  session 
after  the  adoption  of  this  article  to  enact  such  law  or  laws  as  may 
be  necessary  to  carry  the  same  into  effect;  but  if  no  such  law 
should  be  enacted,  or  should  any  such  enactment  fail  for  any  rea- 
son to  become  a  law,  then  and  in  that  event  any  fifty  thousand  of 
the  duly  qualified  electors  of  the  state  competent  to  vote  for  mem- 
bers of  the  senate  and  assembly  may  exercise  the  initiative  upon  a, 
law  proposed  by  them  in  their  petition  for  such  purpose,  under 
the  provisions  of  the  election  law  relative  to  the  nomination  of 
independent  candidates  for  the  office  of  governor,  in  so  far  as  such 
election  law  may  be  applicable  to  the  signing,  making  and  tiling 
of  such  petition,  construed  under  the  provisions  of  this  article; 
but  the  required  fifty  thousand  signatures  of  electors  to  such  or 
any  other  referendum  petition  may  be  those  of  electors  residing 
in  a  single  county,  or  in  more  than  one  county,  and  any  provision 
or  enactment  requiring  otherwise  shall  be  void. 

§  10.  The  legislature  shall  have  no  power  to  alter,  modify,  re- 
peal or  in  any  manner  render  nugatory  in  whole  or  in  part,  any 
law,  enactment,  bill,  resolution,  order,  ordinance  or  other  matter 
or  measure  enacted  by  the  referendum. 

§  11.  Subject  to  the  provisions  of  this  article  the  powers  of  the 
senate  and  assembly,  and  of  the  governor,  shall  remain  as  granted 
and  defined  by  the  other  articles  of  this  constitution.. 

§  12.  The  qualified  voters  of  any  county,  city,  borough,  village, 
township,  school  district  or  other  municipality,  or  political  subdi- 


270  NEW  YOKE:  STATE  CONSTITUTION  ANNOTATED        [Part 

Article  XVI,  §    13 

vision  of  the  state  having  local  laws,  enactments,  bills,  resolutions, 
orders  or  ordinances  for  the  government  thereof,  shall  possess  the 
same  legislative  powers  within  such  body  politic  in  matters  relat- 
ing thereto  as  are  by  the  terms  of  this  article  vested  in  the  electors 
of  the  state  in  state  matters.  Such  legislative  powers  shall  be  ex- 
ercised, subject  only  to  the  provisions  of  this  constitution  and  the 
general  laws,  whenever  any  five  per  centum  of  the  duly  qualified 
voters  of  any  such  body  politic  shall  file  a  petition  demanding  a 
referendum  to  tlie  voters  thereof  of  any  laws,  enactment,  bill,  res- 
olution, order  or  ordinance  thereof,  with  the  cleric  or  secretary  of 
such  body  politic,  or  if  there  be  no  clerk  or  secretary  by  such  name, 
with  the  officer  performing  the  functions  of  a  clerk  or  recording 
officer  therefor  by  whatsoever  name  he  may  be  called.  Such  pe- 
tition shall  comply  as  near  as  may  be  with  the  provisions  of  this 
article,  except  as  to  matters  of  time,  which  shall  be  fixed  by  law, 
but  no  representative  body  or  board  of  any  such  body  politic  shall 
be  given  power  to  enact  legislation  relating  to  matters  other  than 
immediate  preservation  of  the  public  peace,  health  or  safety  wliicli 
shall  take  effect  prior  to  the  expiration  of  thirty  days  after  the 
passage  thereof,  and  if  within  such  thirty  days,  a  petition  demand- 
ing a  referendum  thereof  shall  be  filed,  the  same  shall  not  become 
operative  until  enacted  by  a  majority  of  those  voting  for  and 
against  the  same.  No  officer,  or  representative  body,  legislative 
or  otherwise,  of  any  such  body  politic,  shall  have  power  to  alter, 
modify,  repeal,  or  render  nugatory  in  whole  or  in  part,  any  law, 
enactment,  bill,  resolution,  order  or  ordinance  enacted  by  the  ref- 
erendum,. 

§  13.  Tliis  article  may  be  legally  cited  and  referred  to  either 
by  its  number  or  as  "  The  Referendum  Article  of  the  Constitu- 
tion." The  legal  name  and  designation  of  proposals  by  petition 
hereunder  shall  be  "  The  Initiative  "  and  the  legal  name  and  des- 
ignation of  the  submission  of  any  matter  hereunder  to  the  elect- 
ors shall  be  "  The  Referendum  "  and  by  such  names  and  designs 
tions  they  may  be  legally  referred  to  and  cited. 

1903.     A.  No.  541  (Int.  490). 

A.  J.  230. 

(For  other  proposed  amendments  providing  for  the  initiative  and  referen- 
dum, see  pp.  34,  271.) 


COMPOSITE  AMENDMENTS 

AMENDMENTS  AFFECTING  TWO  OR  MORE  ARTICLES  OR  SECTIONS 
PROPOSED  BUT  NOT  SUBMITTED  TO  THE  PEOPLE 

1.     Initiative  and  referendum 

Art.  3,  §  1.  The  legislative  power  of  this  state  shall  be  vested 
in  the  senate  and  assemblyf. J,  except  as  such  power  is  reserved  to 
the  people  as  hereinafter  provided.  The  people  reserve  to  them- 
selves power  to  propose  laws  and  amendments  to  the  constitu- 
tion and  to  enact  or  reject  the  same  at  the  polls  independently 
of  the  legislature,  and  also  reserve  power  at  their  own  option  to 
approve  or  reject  at  the  polls  any  act,  bill,  resolution  or  resolve 
passed  by  the  joint  action  of  both  branches  of  the  legislature.  No 
act  or  joint  resolution  of  the  legislature  except  such  orders  or 
resolutions  as  pertain  solely  to  facilitating  the  performance  of 
the  business  of  the  legislature,  of  either  branch,  or  of  any  com- 
mittee or  officer  thereof,  or  appropriate  money  therefor  or  for  the 
payment  of  salaries  fixed  by  law,  shall  take  effect  until  ninety 
days  after  the  recess  of  the  legislature  passing  it,  unless  in  case 
of  emergency  (which  with  the  facts  constituting  the  emergency 
shall  first  be  declared  by  the  governor  and  then  shall  be  expressed 
in  the  preamble  of  the  act),  the  legislature  shall,  by  a  vote  of 
two-thirds  of  all  the  members  elected  to  each  house,  otherwise 
direct.  An  emergency  bill  shall  include  only  such  measures  as 
are  immediately  necessary  for  the  preservation  of  the  public 
peace,  health  or  safety ;  and  shall  not  include  (1)  an  infringement 
of  the  right  of  home  rule  for  municipalities,  (2)  a  franchise  or  a 
license  to  a  corporation  or  an  individual  to  extend  longer  than 
one  year,  or  (3)  provisions  for  the  sale  or  purchase  or  renting 
for  more  than  five  years  of  real  estate.  Upon  a  written  petition 
of  electors  to  a  number  not  less  than  five  per  centum  of  the  num- 
ber of  votes  cast  at  the  preceding  election  for  governor,  addressed 
to  the  governor  and,  filed  in  the  office  of  the  secretary  of  state 
within  ninety  days  after  the  recess  of  the  legislature,  requ-esting 
that  one  or  more  acts,  bills,  resolves  or  resolutions,  or  part  or  parts 
thereof,  passed  by  the  legislature,  but  not  then  in  effect  by  reason 
of  the  provisions  of  the  preceding  section,  be  referred  to  the 
people,  such  acts,  bills,  resolves  or  resolutions  or  part  or  parts 
thereof  as  are  specified  in  such  petition  shall  not  take  effect  until 

[271] 


272  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

thirty  days  after  the  governor  shall  have  announced  by  public 
proclamation  that  the  same  have  been  ratified  by  a  majority  of  the 
electors  voting  thereon  at  a  general  or  special  election.  As  soon 
as  it  appears  that  the  effect  of  any  act,  bill,  resolve  or  resolution 
or  part  or  parts  thereof  has  been  suspended  by  petition  in  manner 
aforesaid,  the  governor  by  public  proclamation  shall  give  notice 
thereof  and  of  the  time  when  such  measure  is  to  be  voted  on  by 
the  people,  which  shall  be  at  the  next  general  election  not  less 
than  sixty  days  after  such  proclamation,  or  in  case  of  no  general 
election  within  six  months  thereafter  the  governor  may,  and  if  so 
requested  in  said  written  petition  therefor,  shall  order  such  meas- 
ure submitted  to  the  people  at  a  special  election  not  less  than  four 
nor  more  than  six  months  after  his  proclamation  thereof. 

Art.  3,  §  1-a.  (Proposal  to  add  the  following  new  section:) 
The  electors  may  propose  to  the  legislature  for  its  consideration 
any  bill,  resolve  or  resolution,  including  bills  to  amend  or  repeal 
emergency  legislation,  and  amendments  to  the  constitution,  by 
written  petition  addressed  to  the  legislature  or  to  either  branch 
thereof  and  filed  in  the  office  of  the  secretary  of  state  or  pre- 
sented to  either  branch  of  the  legislature  at  least  thirty  days  be- 
fore the  close  of  .its  session.  Any  measure  thus  proposed  by  a 
petition  signed  by  electors  to  a  number  not  less  than  five  per 
centum  of  the  number  of  votes  cast  at  the  previous  election  for 
governor,  unless  enacted  without  change  by  the  legislature  at  the 
session  at  which  it  is  presented,  shall  be  submitted  to  the  electors 
together  with  any  amended  form,  substitute  or  recommendation  of 
the  legislature,  and  in  such  manner  that  the  people  can  choose 
betiveen  the  competing  measures  or  reject  both.  When  there  are 
competing  bills  and  neither  receives  a  majority  of  the  votes  given 
for  or  against  both,  the  one  receiving  the  most  votes  shall,  at  the 
next  general  election,  to  be  held  not  less  than  sixty  days  after  the 
first  vote  thereof,  be  submitted  by  itself  if  it  receives  more  than 
one-third  of  the  votes  given  for  and  against  both.  If  the  measure 
i/nitiated  is  enacted  by  the  legislature  without  change,  it  shall  not 
go  to  a  referendum  vote  unless  in  pursuance  of  a  demand  made 
in  accordance  with  the  preceding  section.  The  legislature  may 
order  a  special  election  on  any  measure  that  is  subject  to  a  vote 
of  the  people.  The  governor  may,  and  if  so  requested  in  the 
written  petitions  addressed  to  the  legislature,  shall  by  proclama- 
tion, order  any  measure  proposed  to  the  legislature  by  at  least  five 


II]      AMENDMENTS  ADOPTED  AND  PKOPOSED,  1895-1914      273 

Composite  Amendments 

per  centum  of  the  electors  as  herein  provided,  and  not  enacted  by 
the  legislature  without  change,  referred  to  the  people  at  a  special 
election  to  be  held  not  less  than  four  nor  more  than  six  months 
after  such  proclamation,  otherwise  said  measure  shall  be  voted 
upon  at  the  next  general  election  held  not  less  than  sixty  days 
after  the  recess  of  the  legislature,  to  which  such  measure  was 
proposed.     Any  measure  referred  to  the  people  and  approved  by 
a  majority  of  the  votes  given  thereon  shall,  unless  a  later  date  be 
specified  in  said  measure,  take  effect  and  become  a  law  thirty  days 
after  the  governor  has  made  public  proclamation  of  the  result  of 
the  vote  on  said  measure,  which  he  shall  do  within  ten  days  after 
the  vote  thereon  has  been  canvassed  and  determined.     The  veto 
power  of  the  governor  shall  not  extend  to  any  measure  approved 
by  vote  of  the  people,  and  any  measure  initiated  by  the  people 
and  passed  by  the  legislature  without  change,  if  vetoed  by  the 
governor,  and  if  his  veto  is  sustained  by  the  legislature,  shall  be 
referred  to  the  people  to  be  voted  on  at  the  next  general  election. 
The  legislature  may  enact  measures  expressly  conditioned  upon 
the  people's  ratification  by  a  referendum  vote.     As  used  in  either 
of  the  preceding  paragraphs  the  words  ff  electors  "  and  "  people  " 
mean  the  electors  of  the  state  qualified  to  vote  for  governor;  "  re- 
cess of  the  legislature  "  means  the  adjournment  without  day  of 
a  session  of  the  legislature;  "  general  election"  means  the  Novem- 
ber election;  "  measure  "  means  an  act,  bill,  resolve,  resolution 
or  amendment  to  the  constitution  proposed  by  the  people,  or  two 
or  more  such,  or  part  or  parts  of  such,  as  the  case  may  be;  "  writ- 
ten petition"  means  one  or  more  petitions  written  or  printed,  or 
partly  written  and  partly  printed,  with  the  original  signatures 
of  the  petitioners  attached,  verified  as  to  the  authenticity  of  the 
sif/mttures  by  the  oath  of  one  of  the  petitioners  certified  thereon, 
and  accompanied  by  the  certificate  of  the  cleric  of  the  board  of 
elections,  or  of  the  city,  town  or  county  in  which  the  petitioners 
reside,  that  their  names  appear  on  the  voting  list  of  his  city,  town 
or  county  as  qualified  to  vote  for  governor.     The  petitions  shall 
set  forth  the  full  text  of  the  measure  requested  or  proposed.     The 
full  text  of  a  measure  submitted  to  a  vote  of  the  people  under  the 
provisions  of  the  constitution  need  not  be  printed  on  the  official 
ballots,  but,  until  otherwise  provided  by  the  legislature,  the  secre- 
tary of  state  shall  prepare  the  ballots  in  such  form  as  to  present 
the  question  or  questions  concisely  and  intelligibly. 


274  XEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Parr 

Composite  Amendments 

Art.  3,  §  1-b.  (Proposal  to  add  the  following  new  section:)  Any 
city  may  establish  the  initiative  and  referendum  by  a  written  peti- 
tion signed  by  electors  thereof  to  a  number  not  less  than  five  per 
centum  of  the  votes  cast  at  the  previous  election  for  mayor,  ad- 
dressed to  the  mayor  and  filed  in  the  office  of  the  city  clerk,  and 
ratified  by  a  majority  of  the  electors  voting  thereon  at  the  next 
municipal  election  which  shall  be  at  least  thirty  days  after  such 
filing.  Provided,  however,  that  the  legislature  may  at  any  lime 
provide  a  uniform  method  for  the  exercise  of  the  initiative  and 
referendum  in  municipal  affairs. 

Art.  3,  §  1-c.  (Proposal  to  add  the  following  new  section :) 
Until  the  legislature  shall  enact  further  regulations  not  incon- 
sistent with  the  constitution  for  applying  the  people's  veto  and 
direct  initiative,  the  election  officers  and  other  officials  shall  be 
governed  by  the  provisions  of  this  constitution  and  of  the  general 
law,  supplemented  by  such  reasonable  action  as  may  be  necessary 
to  render  the  preceding  sections  self -executing. 

Art.  3,  §  14.  The  enacting  clause  of  [all]  bills  originating  in 
either  house,  shall  be  "  The  People  of  the  State  of  ]NTew  York, 
represented  in  Senate  and  Assembly,  do  enact  as  follows [,]  .* " 
[and  no  law  shall  be  enacted  except  by  bill.]  Tlie  enacting 
clause  of  bills  originating  in  the  people  shall  be,  "  Be  it  enacted  by 
the  people  of  the  State  of  Neiv  York." 

Art,  4,  §  9.  Every  bill  which  shall  have  passed  the  senate  raid 
assembly  shall,  before  it  becomes  a  law,  be  presented  to  the  gov- 
ernor ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it 
with  his  objections  to  the  house  in  which  it  shall  have  originated, 
which  shall  enter  the  objections  at  large  on  the  journal,  and  pro- 
ceed to  reconsider  it.  If  after  such  reconsideration,  two-thirds 
of  the  members  elected  to  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered  and  if  approved  by  two- 
thirds  of  the  members  elected  to  [thatj  the  house,  it  shall  become 
a  law  notwithstanding  the  objections  of  the  governor.  In  all 
such  cases  the  votes  in  both  houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  the  members  voting  shall  be  entered  on 
the  journal  of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  governor  within  ten  days  (Sundays  exeepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  legislature  shall, 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      275 

Composite  Amendments 

by  their  adjournment,  prevent  its  return,  in  which  case  it  shall 
not  become  a  law  without  the  approval  of  the  governor.  X o  bill 
shall  become  a  law  after  the  final  adjournment  of  the  legislature, 
unless  approved  by  the  governor  within  thirty  days  after  such 
adjournment.  If  any  bill  presented  to  the  governor  contain  several 
items  of  appropriation  of  money,  he  may  object  to  one  or  more 
of  such  items  while  approving  of  the  other  portion  of  the  bill.  In 
such  case,  he  shall  append  to  the  bill,  at  the  time  of  signing  it, 
a  statement  of  the  items  to  which  he  objects ;  and  the  appropria- 
tion so  objected  to  shall  not  take  effect.  If  the  legislature  be  in 
session,  he  shall  transmit  to  the  house  in  which  the  bill  originated 
a  copy  of  such  statement,  and  the  items  objected  to  shall  be  sepa- 
rately reconsidered.  If  on  reconsideration  one  or  more  of  such 
items  be  approved  by  two-thirds  of  the  members  elected  to  each 
house,  the  same  shall  be  part  of  the  law,  notwithstanding  the 
objections  of  the  governor.  All  the  provisions  of  this  section,  in 
relation  to  bills  not  approved  by  the  governor,  shall  apply  in  cases 
in  which  he  shall  withhold  his  approval  from  any  item  or  items 
contained  in  a  bill  appropriating  money.  Provided,  however,  that 
the  provisions  of  this  section  are  subject  to  the  reserved  power  of 
the  people  to  approve  or  reject  at  the  polls  any  act,  bill,  resolution 
or  resolve,  as  set  forth  in  article  third. 

Art.  7,  §  4.  Except  the  debts  specified  in  sections  two  and 
three  of  this  article,  no  debts  shall  be  hereafter  contracted  by  or 
in  behalf  of  this  state,  unless  such  debt  shall  be  authorized  by  [a] 
law,  for  some  single  work  or  object,  to  be  distinctly  specified 
therein ;  and  such  law  shall  impose  and  provide  for  the  collection 
of  a  direct  annual  tax  to  pay,  and  sufficient  to  pay  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  princi- 
pal of  such  debt  within  fifty  years  from  the  time  of  the  contracting 
thereof.  No  such  law  shall  take  effect  until  it  shall  at  a  general 
election  have  been  submitted  to  the  people,  and  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such  election. 
On  the  final  passage  of  such  bill  in  either  house  of  the  legislature, 
the  question  shall  be  taken  by  ayes  and  noes,  to  be  [duly]  fully 
entered  on  the  journals  thereof  and  shall  be :  "  Shall  this  bill  pass, 
and  ought  the  same  to  receive  the  sanction  of  the  people  ?  "  The 
legislature  may  at  any  time,  after  the  approval  of  such  a  law  by 
the  people,  if  no  debt  shall  have  been  contracted  in  pursuance 
thereof,  repeal  the  same ;  and  may  at  any  time,  by  law,  forbid  the 


276  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

contracting  of  any  further  debt  or  liability  under  such  law;  but 
the  tax  imposed  by  such  act,  in  proportion  to  the  debt  and  lia- 
bility which  may  have  been  contracted,  in  pursuance  of  such  law, 
shall  remain  in  force  and  be  irrepealable,  and  be  annually  col- 
lected, until  the  proceeds  thereof  shall  have  been  made  the  provi- 
sions hereinbefore  specified  to  pay  and  discharge  the  interest  and 
principal  of  such  debt  and  liability.  The  money  arising  from 
any  loan  or  stock  creating  such  debt  or  liability  shall  be  applied 
to  the  work  or  object  specified  in  the  act  authorizing  such  debt  or 
liability  or  for  the  payment  of  such  debt  or  liability,  and  for  no 
other  purpose  whatever.  [No  such  law  shall  be  submitted  to  be 
voted  on,  within  three  months  after  its  passage  or  at  any  general 
election  when  any  other  law,  or  any  bill  shall  be  submitted  to  be 
voted  for  or  against.]  The  legislature  may  provide  for  the  issue 
of  bonds  of  the  state  to  run  for  a  period  not  exceeding  fifty  years 
in  lieu  of  bonds  heretofore  authorized  but  not  issued  and  shall 
impose  and  provide  for  the  collection  of  a  direct  annual  tax  for 
the  payment  of  the  same  as  hereinbefore  required.  When  any 
sinking  fund  created  under  this  section  shall  equal  in  amount  the 
debt  for  which  it  was  created,  no  further  direct  tax  shall  be  levied 
on  account  of  said  sinking  fund  and  the  legislature  shall  reduce 
the  tax  to  an  amount  equal  to  the  accruing  interest  on  such  debt. 

Art.  12,  §  2.  All  cities  are  classified  according  to  the  latest  state 
enumeration,  as  from  time  to  time  made,  as  follows :  The  first  class 
includes  all  cities  having  a  population  of  [one]'  two  hundred  and 
[seventy-five]  fifty  thousand,  or  more ;  the  second  class,  all  cities 
having  a  population  of  fifty  thousand  and  less  than  [one]1  two 
hundred  and  [seventy-five]  fifty  thousand;  the  third  class,  all 
other  cities.  Laws  relating  to  the  property,  affairs  [of]  or  gov- 
ernment of  cities  and  the  several  departments  thereof,  are  divided 
into  general  and  special  city  laws;  general  city  laws  are  those 
which  relate  to  all  the  cities  of  one  or  more  classes;  special  city 
laws  are  those  which  relate  to  a  single  city,  or  to  less  than  all  the 
cities  of  a  class.  Special  city  laws  shall  not  be  passed  except  in 
conformity  with  the  provisions  of  this  section.  After  any  bill  for 
a  special  city  law,  relating  to  a  city,  has  been  passed  by -both 
branches  of  the  legislature,  the  house  in  which  it  originated  shall 
immediately  transmit  a  certified  copy  thereof  to  the  mayor  of 
such  city,  and  within  fifteen  days  thereafter  the  mayor  shall  return 
such  bill  to  the  house  from  which  it  was  sent,  or  if  the  session  of 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      277 

Composite  Amendments 

the  legislature  at  which  such  bill  was  passed  has  terminated,  to  the 
governor,  with  the  mayor's  certificate  thereon,  stating  whether  the 
city  has  or  has  not  accepted  the  same.  In  every  city  of  the  first 
class,  the  mayor,  and  in  every  other  city,  the  mayor  and  the  legis- 
lative body  thereof  concurrently,  shall  act  for  such  city  as  to  such 
bill;  but  the  legislature  may  provide  for  the  concurrence  of  the 
legislative  body  in  the  cities  of  the  first  class.  The  legislature 
shall  provide  for  a  public  notice  and  opportunity  for  a  public 
hearing  concerning  any  such  bill  in  every  city  to  which  it  relates, 
before  action  [thereon]  thereof.  Such  a  bill,  if  it  relates  to 
more  than  one  city,  shall  be  transmitted  to  the  mayor  of  each  city 
to  which  it  relates,  and  shall  not  be  deemed  accepted  unless  ac- 
cepted as  herein  provided,  by  every  such  city.  Whenever  any  such 
bill  is  accepted  as  herein  provided,  it  shall  be  subject  as  are  other 
bills,  to  the  action  of  the  governor.  Whenever,  during  the  session 
at  which  it  was  passed,  any  such  bill  is  returned  without  the  ac- 
ceptance of  the  city  or  cities  to  which  it  relates,  or  within  such 
fifteen  days  is  not  returned,  it  may  nevertheless  again  be  passed  by 
both  branches  of  the  legislature,  and  it  shall  then  be  subject  as  are 
other  bills,  to  the  action  of  the  governor.  In  every  special  city  law 
which  has  been  accepted  by  the  city  or  cities  to  which  it  relates, 
the  title  shall  be  followed  by  the  words  "  accepted  by  the  city  " 
or  "  cities  "  as  the  case  may  be ;  in  every  such  law  which  is  passed 
without  such  acceptance,  by  the  words  "  passed  without  the  ac- 
ceptance of  the  city  "  or  "  cities  "  as  the  case  may  be.  Provided, 
however,  that  the  provisions  of  this  section  are  subject  to  the 
reserved  power  of  the  people  residing  in  the  city  or  cities  affected 
by  such  act,  bill,  resolution  or  resolve  to  approve  or  reject  the  same 
at  the  polls,  or  to  propose  new  laws,  as  set  forth  in  article  third. 

Art.  14,  §  1.  Any  amendment  or  amendments  to  this  con- 
stitution may  be  proposed  in  the  senate  and  assembly ;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  the  members  elected  to 
each  of  the  two  houses,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  journals,  and  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  legislature  to  be  chosen  at  the  next 
general  election  of  senators,  and  shall  be  published  for  three 
months  previous  to  the  time  of  making  such  choice,  and  if  in  the 
legislature  so  next  chosen,  as  aforesaid,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority  of  all  the 
members  elected  to  each  house,  then  it  shall  be  the  duty  of  the 


278  ~Nvw  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

legislature  to  submit  [each]  such  proposed  amendment  or  amend- 
ments to  the  people  for  approval  in  such  manner  and  at  such  times 
as  the  legislature  shall  prescribe;  and  if  the  people  shall  approve 
and  ratify  such  amendment  or  amendments  by  a  majority  of  the 
electors  voting  thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  constitution  from  and  after  the  first  day  of 
January  next  after  such  approval.  Provided,  however,  that  the 
provisions  of  this  section  are  subject  to  the  reserved  power  of 
the  people  to  propose  amendments  to  the  constitution  and  to  ap- 
prove or  reject  the  same  at  the  polls  independently  of  the  legis- 
lature, as  set  forth  in  article  third. 

1908.     S.  No.  522  (Int.  457).     (Same  as  A.  No.  1043.) 

S.  J.  225. 

A.  No.  1043  (Int.  872).     (Same  as  S.  No.  522.) 
A.  J.  502. 

1911.  A.  No.  1384  (Int.  1174). 

A.  J.  985. 

1912.  8.  No.  12   (Int.  12).     (Same  as  A.  No.  328.) 

S.  J.  8. 

A.  No.  328  (Int.  326).     (Same  as  S.  No.  12.) 

(In  1914  an  amendment  was  proposed  in  every  respect  identical  with  the 
last  preceding  amendment  except  that  it  did  not  propose  to  amend  Art.  12, 
£  2,  in  regard  to  the  population  of  cities  of  the  first  and  second  class.) 
1914.     A.  No.  736  (Int.  708). 
A.  J.  309. 

Art.  3,  §  1.  The  legislative  power  of  this  state  shall  be  vested 
in  the  senate  and  assembly [.].,  except  as  such  power  is  reserved 
to  the  people  as  hereinafter  provided.  The  people  reserve  to 
themselves  power  to  propose  laws  and  amendments  to  the  consti- 
tution and  to  enact  or  reject  the  same  at  the  polls  independently 
of  the  legislature,  and  also  reserve  power  at  their  own  option  to  ap- 
prove or  reject  at  the  polls  any  act,  bill,  resolution  or  resolve 
passed  by  the  joint  action  of  both  branches  of  the  legislature.  No 
act  or  joint  resolution  of  the  legislature  except  such  orders  or  res- 
olutions as  pertain  solely  to  facilitating  the  performance  of  the 
business  of  the  legislature,  of  either  branch,  or  of  any  committee 
or  officer  thereof,  or  appropriate  money  therefor  or  for  the  pay- 
ment of  salaries  fixed  by  law,  shall  take  effect  until  ninety  days 
after  the  final  adjournment  of  the  legislature  passing  it,  unless  in 
case  of  emergency  (which  with  the  facts  constituting  the  emer- 
gency shall  first  be  declared  by  the  governor  and  then  shall  be  ex- 
pressed in  the  preamble  of  the  act),  the  legislature  shall,  by  a  vote 
of  two-thirds  of  all  the  members  elected  to  each  house,  otherwise 
dweci.  An  emergency  bill  shall  include  only  such  measures  as  are 


II]       AMENDMENTS  ADOPTED  AND  PEOPOSED,  1895-1914      279 

Composite  Amendments 

immediately  necessary  for  the  preservation  of  the  public  peace, 
health  or  safety;  and  shall  not  include  (1)  an  infringement  of 
the  right  of  home  rule  for  municipalities,  (2)  a  franchise  or  a 
license  to  a  corporation  or  an  individual  to  extend  longer  than 
one  year,  or  (3)  provisions  for  the  sale  or  purchase  or  renting 
for  more  than  five  years  of  real  estate. 

The  power  to  propose  laws  and  amendments  to  the  constitution 
shall  be  called  the  initiative.  Upon  the  presentation  to  the  secre- 
tary of  state  of  a  petition  certified  as  herein  provided  to  have  been 
signed  by  qualified  electors,  equal  in  number  to  five  per  centum 
of  all  the  votes  cast  for  all  candidates  for  governor  at  the  last  pre- 
ceding general  election  at  which  a  governor  was  elected  proposing 
a  law  or  amendment  to  the  constitution  set  forth  in  full  in  said 
petition,,  the  secretary  of  state  shall  submit  the  said  proposed  law 
or  amendment  to  the  constitution  to  the  electors  at  the  next  suc- 
ceeding general  election  occurring  subsequent  to  ninety  days  after 
the  presentation  aforesaid  of  said  petition  or  at  any  special  elec- 
tion called  by  the  governor  in  his  discretion  prior  to  such  general 
election.  All  such  initiative  petitions  shall  have  printed  across 
the  top  thereof  in  twelve-point,  black  face  type  the  following: 
"  Initiative  measure  to  be  submitted  directly  to  the  electors." 

The  power  to  approve  or  reject  legislation  shall  be  called 
referendum.  Upon  presentation  to  the  secretary  of  state  within 
ninety  days  after  the  final  adjournment  of  the  legislature  of  a 
petition  certified  as  herein  provided  to  have  been  signed  by  quali- 
fied electors  equal  in  number  to  five  per  centum  of  all  the  votes 
cast  for  all  candidates  for  governor  at  the  last  preceding  general 
election  at  ivhich  a  governor  was  elected  asking  that  any  act  or 
section  or  part  of  any  act  of  the  legislature  be  submitted  to  the 
electors  for  their  approval  or  rejection,  the  secretary  of  state  shall 
submit  to  the  electors  for  their  approval  or  rejection  such  act  or 
section  or  part  of  such  act  at  the  next  succeeding  general  election 
occurring  at  any  time  subsequent  to  thirty  days  after  the  filing  of 
said  petition  or  at  any  special  election  which  may  be  called  by  the 
governor  in  his  discretion  prior  to  such  regular  election,  and  no 
such  act  or  section  or  part  of  such  act  shall  go  into  effect  until  and 
unless  approved  by  a  majority  of  the  qualified  electors  voting 
thereon;  but  if  a  referendum  petition  is  filed  against  any  section 
or  part  of  an  act  the  remainder  of  such  act  shall  not  be  prevented 
from  going  into  effect. 


280  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED       [Part 

Composite  Amendments 

Any  act,  law  or  amendment  to  the  constitution  submitted  to  the 
people  by  either  initiative  or  referendum  petition  and  approved 
by  a  majority  of  the  votes  cast  thereon  at  any  election  shall  take 
effect  five  days  after  the  date  of  the  official  declaration  of  the 
vote  by  the  secretary  of  state.  No  aci,  law  or  amendment  to  the 
constitution  initiated  or  adopted  by  the  people  shall  be  subject  to 
the  veto  power  of  the  governor  and  no  act,  law  or  amendment  to 
the  constitution  adopted  by  the  people  at  the  polls  under  the  initia- 
tive provisions  of  this  section  shall  be  amended  or  repealed  except 
by  a  vote  of  the  electors  unless  otherwise  provided  in  said  initia- 
tive measure;  but  acts  and  laws  adopted  by  the  people  under  the 
referendum  provisions  of  this  section  may  be  amended  by  the 
legislature  at  any  subsequent  session  thereof.  If  any  provision 
or  provisions  of  two  or  more  measures  approved  by  the  electors  at 
the  same  election  conflict  the  provision  or  provisions  of  the 
measure  receiving  the  highest  affirmative  vote  shall  prevail. 

If  for  any  reason  any  initiative  or  referendum  measure  pro- 
posed by  petition  as  herein  provided  be  not  submitted  at  the  elec- 
tion specified  in  this  section,  such  failure  shall  not  prevent  its  sub- 
mission at  a  succeeding  general  election  and  no  law  or  amendment 
to  the  constitution  proposed  by  the  legislature  shall  be  submitted 
at  any  election  unless  at  the  same  election  there  shall  be  submitted 
all  measures  proposed  by  petition  of  the  electors  if  any  be  so  pro- 
posed as  herein  provided. 

Any  initiative  or  referendum  petition  may  be  presented  in  sec- 
tions, but  each  section  shall  contain  a  full  and  correct  copy  of  the 
title  and  text  of  the  proposed  measure.  Each  signer  shall  add  to 
his  signature  his  place  of  residence,  giving  the  street  and  number 
if  such  exist.  His  election  precinct  shall  also  appear  on  the  paper 
after  his  name.  The  number  of  signatures  attached  to  each  sec- 
tion shall  be  at  the  pleasure  of  the  person  soliciting  signatures  to 
the  same.  Any  resident  of  the  state  shall  be  competent  to  solicit 
said  signatures.  Each  section  of  the  petition  shall  bear  the  name 
of  the  county  or  city  and  county  in  which  it  is  circulated  and  only 
qualified  electors  of  such  county  or  city  and  county  shall  be  com- 
petent to  sign  such  section.  Each  section  shall  have  attached 
thereto  the  affidavit  of  the  person  soliciting  signatures  to  the  same, 
stating  that  all  the  signatures  to  the  attached  section  were  made 
in  his  presence  and  that  to  the  best  of  his  knowledge  and  belief 
each  signature  to  the  section  is  the  genuine  signature  of  the  person 
whose  name  it  purports  to  be  and  no  other  affidavit  thereto  sliall 


I 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      281 

Composite  Amendments 

be  required.  The  affidavit  of  any  person  soliciting  signatures 
hereunder  shall  be  verified  free  of  charge  by  any  officer  authorized 
to  administer  oaths.  Such  petitions  so  verified  shall  be  prima 
facie  evidence  that  the  signatures  thereon  are  genuine  and  that 
the  persons  signing  the  same  are  qualified  electors.  Unless  and 
until  it  be  otherwise  proven  upon  official  investigation  it  shall  be 
presumed  that  the  petition  presented  contains  the  signatures  of 
the  requisite  number  of  qualified  electors. 

This  section  shall  not  be  construed  to  deprive  any  member  of 
the  legislature  of  the  right  to  introduce  any  measure. 

The  secretary  of  state  shall  refer  all  petitions  filed  with  him  for 
the  initiative  or  referendum  to  the  people  in  accordance  with  the 
provisions  of  the  election  law  providing  for  the  submission  of 
amendments  to  the  constitution. 

The  initiative  and  referendum  powers  reserved  to  the  people  by 
this  constitution  are  hereby  further  reserved  to  the  legal  voters  of 
every  municipality  and  district  as  to  all  local,  special  or  municipal 
legislation  of  every  character  in  or  for  their  respective  municipali- 
ties or  districts. 

This  power  shall  be  exercised  by  a  petition  signed  by  legal 
voters  of  the  municipality  or  district  on  the  basis  of  the  total  vote 
cast  for  governor  in  such  municipality  or  district  in  the  election 
next  preceding  the  filing  of  the  petition.  Not  more  than  five  per 
centum  of  the  legal  voters  of  the  district  or  municipality  shall  be 
required  to  sign  the  referendum  petition  nor  more  than  ten  per 
centum  to  propose  any  measure  by  the  initiative  in  any  city  or 
town.  Such  petition  shall  be  filed  with  the  clerk  of  the  county  in 
which  such  municipality  or  district  may  be  located.  The  county 
clerk  upon  the  filing  with  him  of  a  petition  with  a  sufficient  num- 
ber of  signatures  shall  certify  the  same  to  the  secretary  of  state, 
who  shall  thereupon  order  the  election  in  conformity  with  the  pro- 
visions of  section  one  of  article  three  of  the  constitution. 

Until  the  legislature  shall  enact  further  regulations  not  incon- 
sistent with  the  constitution  for  applying  the  people's  veto  and 
direct  initiative,  the  election  officers  and  other  officials  shall  be 
governed  by  the  provisions  of  this  constitution  and  of  the  general 
law,  supplemented  by  such  reasonable  action  as  may  be  necessary 
to  render  the  preceding  sections  self -executing. 

Art.  3,  §  14.  The  enacting  clause  of  '[all]  bills  originating  in 
either  house,  shall  be  "  The  People  of  the  State  of  New  York, 
represented  in  Senate  and  Assembly,  do  enact  as  follows^,] : " 


282  NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

'[and  no  law  shall  be  enacted  except  by  bill.]  Tlie  enacting 
clause  of  bills  originating  in  the  people  shall  be,  "  Be  it  enacted 
by  the  People  of  the  State  of  New  York." 

Art.  4,  §  9.  Every  bill  which  shall  have  passed  the  senate  and 
assembly  shall,  before  it  becomes  a  law,  be  presented  to  the  gov- 
ernor ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it 
with  his  objections  to  the  house  in  which  it  shall  have  originated, 
which  shall  enter  the  objections  at  large  on  the  journal,  and  pro- 
ceed to  reconsider  it.  If  after  such  reconsideration,  two-thirds 
of  the  members  elected  to  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered  and  if  approved  by  two- 
thirds  of  the  members  elected  to  [that]  the  house,  it  shall  become 
a  law  notwithstanding  the  objections  of  the  governor.  In  all  such 
cases  the  votes  in  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  shall  be  entered  011  the 
journal  of  each  house  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  governor  within  ten  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  legislature  shall,  by  their 
adjournment,  prevent  its  return,  in  which  case  it  shall  not  become  a 
law  without  the  approval  of  the  governor.  ISTo  bill  shall  become  a 
law  after  the  final  adjournment  of  the  legislature,  unless  approved 
by  the  governor  within  thirty  days  after  such  adjournment.  If 
any  bill  presented  to  the  governor  contain  several  items  of  appro- 
priation of  money,  he  may  object  to  one  or  more  of  such  items 
while  approving  of  the  other  portion  of  the  bill.  In  such  case,  he 
shall  append  to  the  bill,  at  the  time  of  signing  it,  a  statement  of 
the  items  to  which  he  objects;  and  the  appropriation  so  objected 
to  shall  not  take  effect.  If  the  legislature  be  in  session,  he  shall 
transmit  to  the  house  in  which  the  bill  originated  a  copy  of  such 
statement,  and  the  items  objected  to  shall  be  separately  recon- 
sidered. If  on  reconsideration  one  or  more  of  such  items  be  ap- 
proved by  two-thirds  of  the  members  elected  to  each  house,  the 
same  shall  be  part  of  the  law,  notwithstanding  the  objections  of 
the  governor.  All  the  provisions  of  this  section,  in  relation  to  bills 
not  approved  by  the  governor,  shall  apply  in  cases  in  which  he  shall 
withhold  his  approval  from  any  item  or  items  contained  in  a  bill 
appropriating  money.  Provided,  however,  that  the  provisions  of 
this  section  are  subject  to  the  reserved  power  of  the  people  to  ap- 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      283 

Composite  Amendments 

prove  or  reject  at  the  potts  any  act,  ~bill,  resolution  or  resolve,  as 
set  forth  in  article  third. 

Art.  7,  §  4.  Except  the  debts  specified  in  sections  two  and 
three  of  this  article,  no  debts  shall  be  hereafter  contracted  by  or 
in  behalf  of  this  state,  unless  such  debt  shall  be  authorized  by  a 
law,  for  some  single  work  or  object,  to  be  distinctly  specified 
therein;  and  such  law  shall  impose  and  provide  for  the  collection 
of  a  direct  annual  tax  to  pay,  and  sufficient  to  pay  the  interest 
on  such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  of  such  debt  within  fifty  years  from  the  time  of  the  con- 
tracting thereof.  No  such  law  shall  take  effect  until  it  shall  at  a 
general  election  have  been  submitted  to  the  people,  and  have  re- 
ceived a  mapority  of  all  the  votes  cast  for  and  against  it  at  such 
election.  On  the  final  passage  of  such  bill  in  either  house  of  the 
legislature,  the  question  shall  be  taken  by  ayes  and  noes,  to  be 
[duly]  fully  entered  on  the  journals  thereof  and  shall  be:  "  Shall 
this  bill  pass,  and  ought  the  same  to  receive  the  sanction  of  the 
people  ?  "  The  legislature  may  at  any  time,  after  the  approval 
of  such  law  by  the  people,  if  no  debt  shall  have  been  contracted 
in  pursuance  thereof,  repeal  the  same;  and  may  at  any  time,  by 
law,  forbid  the  contracting  of  any  further  debt  or  liability  under 
such  law;  but  the  tax  imposed  by  such  act,  in  proportion  to  the 
debt  and  liability  which  may  have  been  contracted,  in  pursuance  of 
such  law,  shall  remain  in  force  and  be  irrepealable,  and  be  an- 
nually collected,  until  the  proceeds  thereof  shall  have  lieen  made 
the  provisions  hereinbefore  specified  to  pay  and  discharge  the  in- 
terest and  principal  of  such  debt  and  liability.  The  money  aris- 
ing from  any  loan  or  stock  creating  such  debt  or  liability  shall  be 
applied  to  the  work  or  object  specified  in  the  act  authorizing  such 
debt  or  liability  or  for  the  payment  of  such  debt  or  liability,  and 
for  no  other  purpose  whatever.  [No  such  law  shall  be  submitted 
to  J)e  voted  on,  within  three  months  after  its  passage  or  at  any 
general  election  when  any  other  law,  or  any  bill  shall  be  submitted 
to  be  voted  for  or  against.]  The  legislature  may  provide  for  the 
issue  of  bonds  of  the  state  to  run  for  a  period  not  exceeding  fifty 
years  in  lieu  of  bonds  heretofore  authorized,  but  not  issued,  and 
shall  impose  and  provide  for  the  collection  of  a  direct  annual  tax 
for  the  payment  of  the  same  as  hereinbefore  required.  When 
any  sinking  fund  created  under  this  section  shall  equal  in  amount 
the  debt  for  which  it  was  created,  no  further  direct  tax  shall  be 


284  I^EW  YOKK  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

levied  on  account  of  said  sinking  fund  and  the  legislature  shall 
reduce  the  tax  to  an  amount  equal  to  the  accruing  interest  on  such 
debt. 

Art.  12,  §  2.  All  cities  are  classified  according  to  the  latest 
state  enumeration,  as  from  time  to  time  made,  as  follows:  The 
first  class  includes  all  cities  having  a  population  of  [one]  two 
hundred  and  [seventy-five]  fifty  thousand,  or  more;  the  second 
class,  all  cities  having  a  population  of  fifty  thousand  and  less 
than  [one]  two  hundred  and  [seventy-five]  fifty  thousand;  the 
third  class,  all  other  cities.  Laws  relating  to  the  property,  affairs, 
[of]  or  government  of  cities  and  the  several  departments  thereof, 
are  divided  into  general  and  special  city  laws ;  general  city  laws 
are  those  which  relate  to  all  the  cities  of  one  or  more  classes ; 
special  city  laws  are  those  which  relate  to  a  single  city,  or  to  less 
than  all  the  cities  of  a  class.  Special  city  la\vs  shall  not  be  passed 
except  in  conformity  with  the  provisions  of  this  section.  After 
any  bill  for  a  special  city  law,  relating  to  a  city,  has  been  passed 
by  both  branches  of  the  legislature,  the  house  in  which  it  originated 
shall  immediately  transmit  a  certified  copy  thereof  to  the  mayor 
of  such  city,  and  within  fifteen  days  thereafter  the  mayor  shall 
return  such  bill  to  the  house  from  which  it  is  was  sent,  or  if  the 
session  of  the  legislature  at  which  such  bill  was  passed  has  termi- 
nated, to  the  governor,  with  the  mayor's  certificate  thereon,  stating 
whether  the  city  has  or  has  not  accepted  the  same.  In  every  city 
of  the  first  class,  the  mayor,  and  in  every  other  city,  the  mayor 
and  the  legislative  body  thereof  concurrently,  shall  act  for  such 
city  as  to  such  bill;  but  the  legislature  may  provide  for  the  con- 
currence of  the  legislative  body  in  the  cities  of  the  first  class.  The 
legislature  shall  provide  for  a  public  notice  and  opportunity  for 
a  public  hearing  concerning  any  such  bill  in  every  city  to  which 
it  relates,  l;efore  action  thereon.  Such  a  bill,  if  it  relates  to  more 
than  one  city,  shall  be  transmitted  to  the  mayor  of  each  city  to 
which  it  relates,  and  shall  not  be  deemed  accepted  unless  accepted 
as  herein  provided,  by  every  such  city.  Whenever  any  such  bill 
is  accepted  as  herein  provided,  it  shall  be  subject  as  are  other  bills, 
to  the  action  of  the  governor.  Whenever,  during  the  session  at 
which  it  was  passed,  any  such  bill  is  returned  without  the  accept- 
ance of  the  city  or  cities  to  which  it  relates,  or  within  such  fifteen 
days  is  not  returned,  it  may  nevertheless  again  be  passed  by  both 
branches  of  the  legislature,  and  it  shall  then  be  subject  as  are  other 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      285 
Composite  Amendments 

bills,  to  the  action  of  the  governor.  In  every  special  city  law 
which  has  been  accepted  by  the  city  or  cities  to  which  it  relates, 
the  title  shall  be  followed  by  the  words  "  accepted  by  the  city  " 
or  "  cities  "  as  the  case  may  be ;  in  every  such  law  which  is  passed 
without  such  acceptance,  by  the  words  "  passed  without  the  accept- 
ance of  the  city  "  or  "  cities  "  as  the  case  may  be.  Provided,  how- 
ever, that  the  provisions  of  this  section  are  subject  to  the  reserved 
power  of  the  people  residing  in  the  city  or  cities  affected  by  such 
act,  bill,  resolution  or  resolve  to  approve  or  reject  the  same  at  the 
polls,  or  to  propose  new  laws,  as  set  forth  in  article  third. 

Art.  14,  §  1.  Any  amendment  or  amendments  to  this  constitu- 
tion may  be  proposed  in  the  senate  and  assembly ;  and  if  the  same 
shall  be  agreed  to  by  a  majority  of  the  members  elected  to  each  of 
the  two  houses,  such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  and  the  yeas  and  nays  taken  thereon, 
and  referred  to  the  legislature  to  be  chosen  at  the  next  general 
election  of  senators,  and  shall  be  published  for  three  months  pre- 
vious to  the  time  of  making  such  choice,  and  if  in  the  legislature 
so  next  chosen,  as  aforesaid,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  a  majority  of  all  the  members  elected 
to  each  house,  then  it  shall  be  the  duty  of  the  legislature  to  sub- 
mit [each]  such  proposed  amendment  or  amendments  to  the  peo- 
ple for  approval  in  such  manner  and  at  such  times  as  the  legislature 
shall  prescribe;  and  if  the  people  shall  approve  and  ratify  such 
amendment  or  amendments  by  a  majority  of  the  electors  voting 
thereon,  such  amendment  or  amendments  shall  become  a  part  of 
the  constitution  from  and  after  the  first  day  of  January  next  after 
such  approval.  Provided,  however,  that  the  provisions  of  this, 
section  are  subject  to  the  reserved  power  of  the  people  to  propose 
amendments  to  the  constitution  and  to  approve  or  reject  the  same 
at  the  polls  independently  of  the  legislature,  as  set  forth  in  article 
third. 

1912.     A.  No.  1065  (Int.  952). 
A.  J.  458. 

Art.  3,  §  1.  The  legislative  power  of  this  state  shall  be  vested 
in  the  senate  and  assembly[.J,  except  as  such  power  is  reserved 
to  the  people  as  hereinafter  provided.  The  people  reserve  to 
themselves  power  to  propose  laws  and  amendments  to  the  consti- 
tution and  to  enact  or  reject  the  same  at  the  polls  independently 
of  the  legislature,  and  also  reserve  power  at  their  own  option  to 


286  NEW  YORK  STATE  CONSTITUTION  ANNOTATED       [Part 

Composite  Amendments 

approve  or  reject  at  the  polls  any  act,  bill,  resolution  or  resolve 
passed  by  the  joint  action  of  both  branches  of  the  legislature.  No 
act  or  joint  resolution  of  the  legislature  except  such  orders  or  reso- 
lutions as  pertain  solely  to  facilitating  the  performance  of  the 
business  of  the  legislature,  of  either  branch,  or  of  any  committee 
or  officer  thereof.,  or  appropriate  money  therefor  or  for  the  pay- 
ment of  salaries  fixed  by  law,  shall  take  effect  until  ninety  days 
after  the  final  adjournment  of  the  legislature  passing  it,  unless  in 
case  of  emergency  (which  with  the  facts  constituting  the  emer- 
gency shall  first  be  declared  by  the  governor  and  then  shall  be  ex- 
pressed in  the  preamble  of  the  act),  the  legislature  shall,  by  a  vote 
of  two-tliirds  of  all  the  members  elected  to  each  house,  otherwise 
direct.  An  emergency  bill  shall  include  only  such  measures  as  are 
immediately  necessary  for  the  preservation  of  the  public  peace, 
health  or  safety;  and  shall  not  include  (1)  an  infringement  of 
the  right  of  home  rule  for  municipalities,  (2)  a  franchise  or  a 
license  to  a  corporation  or  an  individual  to  extend  longer  than 
one  year,  or  (3)  provisions  for  the  sale  or  purchase  or  renting 
for  more  than  five  years  of  real  estate. 

The  power  to  propose  laws  and  amendments  to  the  constitution 
shall  be  called  the  initiative.  Upon  the  presentation  to  the  secre- 
tary of  state  of  a  petition  certified  as  herein  provided  to  have  been 
signed  by  qualified  electors,  equal  in  number  to  five  per  centum 
of  all  the  votes  cast  for  all  candidates  for  governor  at  the  last  pre- 
ceding general  election  at  which  a  governor  was  elected  proposing 
a  law  or  amendment  to  the  constitution  set  forth  in  full  in  said 
petition,  the  secretary  of  state  shall  submit  the  said  proposed  law 
or  amendment  to  the  constitution  to  the  electors  at  the  next  suc- 
ceeding general  election  occurring  subsequent  to  ninety  days  after 
the  presentation  aforesaid  of  said  petition  or  at  any  special  elec- 
tion catted  by  the  governor  in  his  discretion  prior  to  such  general 
election.  All  such  initiative  petitions  shall  have  printed  across 
the  top  thereof  in  twelve-point,  black  face  type  the  following: 
"Initiative  measure  to  be  submitted  directly  to  the  electors/' 

The  power  to  approve  or  reject  legislation  shall  be  called 
referendum.  Upon  presentation  to  the  secretary  of  state  within 
ninety  days  after  the  final  adjournment  of  the  legislature  of  a 
petition  certified  as  herein  provided  to  have  been  signed  by  quali- 
fied electors  equal  in  number  to  five  per  centum  of  all  the  votes 
cast  for  all  candidates  for  governor  at  the  last  preceding  general 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      287 

Composite  Amendments 

election  at  which  a  governor  was  elected  asking  that  any  act  or 
section  or  part  of  any  act  of  the  legislature  be  S'ubmitted  to  the 
electors  for  their  approval  or  rejection,  the  secretary  of  state  shall 
submit  to  the  electors  for  their  approval  or  rejection  such  act  or 
section  or  part  of  such  act  at  the  next  succeeding  general  election 
occurring  at  any  time  subsequent  to  thirty  days  after  the  filing  of 
said  petition  or  at  any  special  election  which  may  be  called  by  the 
governor  in  his  discretion  prior  to  such  regular  election,  and  no 
such  act  or  section  or  part  of  such  act  shall  go  into  effect  until 
and  unless  approved  by  a  majority  of  the  qualified  electors  voting 
thereon;  but  if  a  referendum  petition  is  filed  against  any  section 
or  part  of  an  act  the  remainder  of  such  act  shall  not  be  prevented 
from  going  into  effect. 

Any  act,  law  or  amendment  to  the  constitution  submitted  to  the 
people  by  either  initiative  or  referendum  petition  and  approved  by 
a  majority  of  the  votes  cast  thereon  at  any  election  shall  take 
effect  five  days  after  the  date  of  the  official  declaration  of  the  vote 
by  the  secretary  of  slate.  No  act,  law  or  amendment  to  the  con- 
stitution initiated  or  adopted  by  the  people  shall  be  subject  to  the 
veto  power  of  the  governor  and  no  act,  law  or  amendment  to  the 
constitution  adopted  by  the  people  at  the  polls  under  the  initiative 
provisions  of  this  section  shall  be  amended  or  repealed  except  by 
a  vote  of  the  electors  unless  otherwise  provided  in  said  initiative 
measure;  but  acts  and  laws  adopted  by  the  people  under  the 
referendum  provisions  of  this  section  may  be  amended  by  the 
legislature  at  any  subsequent  session  thereof.  If  any  provision 
or  provisions  of  two  or  more  measures  approved  by  the  electors  at 
the  same  election  conflict  the  provision  or  provisions  of  the  meas- 
ure receiving  the  highest  affirmative  vote  shall  prevail. 

If  for  any  reason  any  initiative  or  referendum  measure  pro- 
posed by  petition  as  herein  provided  be  not  submitted  at  the  elec- 
tion specified  in  this  section,  such  failure  shall  not  prevent  its  sub- 
mission at  a  succeeding  general  election  and  no  law  or  amendment 
to  the  constitution  proposed  by  the  legislature  shall  be  submitted 
at  any  election  unless  at  the  same  election  there  shall  be  submitted 
all  measures  proposed  by  petition  of  the  electors  if  any  be  so  pro- 
posed as  herein  provided. 

Any  initiative  or  referendum  petition  may  be  presented  in  sec- 
tions, but  each  section  shall  contain  a  full  and  correct  copy  of  the 
title  and  text  of  the  proposed  measure.  Each  signer  shall  add  to 


288  XEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

his  signature  his  place  of  residence,  giving  the  street  and  number 
if  such  exist.  His  election  precinct  shall  also  appear  on  the  paper 
after  his  name.  The  number  of  signatures  attached  to  each  sec- 
tion shall  be  at  the  pleasure  of  the  person  soliciting  signatures  to 
the  same.  Any  resident  of  the  state  shall  be  competent  to  solicit 
said  signatures.  Each  section  of  the  petition  shall  bear  the  name 
of  the  county  or  city  and  county  in  which  it  is  circulated  and  only 
qualified  electors  of  such  county  or  city  and  county  shall  be  com- 
petent to  sign  such  section.  Each  section  shall  have  attached 
thereto  the  affidavit  of  the  person  soliciting  signatures  to  the  same, 
stating  that  all  the  signatures  to  the  attached  section  were  made 
in  his  presence  and  that  to  the  best  of  his  knowledge  and  belief 
each  signature  to  the  section  is  the  genuine  signature  of  the  person 
whose  name  it  purports  to  be  and  no  other  affidavit  thereto  shall 
be  required.  The  affidavit  of  any  person  soliciting  signatures 
hereunder  shall  be  verified  free  of  charge  by  any  officer  authorized 
to  administer  oaths.  Such  petitions  so  verified  shall  be  prima 
facie  evidence  that  the  signatures  thereon  are  genuine  and  that 
the  persons  signing  the  same  are  qualified  electors.  Unless  and 
until  it  be  otherwise  proven  upon  official  investigation  it  shall  be 
presumed  that  the  petition  presented  contains  the  signatures  of 
the  requisite  number  of  qualified  electors. 

This  section  shall  not  be  construed  to  deprive  any  member  of 
the  legislature  of  the  right  to  introduce  any  measure. 

The  secretary  of  state  shall  refer  all  petitions  filed  with  him 
for  the  initiative  or  referendum  to  the  people  in  accordance  with 
the  provisions  of  the  election  law  providing  for  the  submission  of 
amendments  to  the  constitution. 

The  initiative  and  referendum  powers  reserved  to  the  people  by 
this  constitution  are  hereby  further  reserved  to  the  legal  voters  of 
every  municipality  and  district  as  to  all  local,,  special  or  munic- 
ipal legislation  of  every  character  in  or  for  their  respective 
municipalities  or  districts. 

This  power  shall  be  exercised  by  a  petition  signed  by  legal 
voters  of  the  municipality  or  district  on  the  basis  of  the  total  vote 
cast  for  governor  in  such  municipality  or  district  in  the  election 
next  preceding  the  filing  of  the  petition.  Not  more  than  five  per 
centum  of  the  legal  voters  of  the  district  or  municipality  shall  be 
required  to  sign  the  referendum  petition  nor  more  than  ten  per 
centum  to  propose  any  measure  by  the  initiative  in  any  city  or 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      289 
Composite  Amendments 

town.  Such  petition  shall  be  filed  with  the  clerk  of  the  county  in 
which  such  municipality  or  district  may  be  located.  The  county 
cleric  upon  the  filing  with  him  of  a  petition  with  a  sufficient  num- 
ber of  signatures  shall  certify  the  same  to  the  secretary  of  state, 
who  shall  thereupon  order  the  election  in  conformity  with  the  pro- 
visions of  section  one  of  article  three  of  the  constitution. 

Until  the  legislature  shall  enact  further  regulations  not  incon- 
sistent with  the  constitution  for  applying  the  people's  veto  and 
direct  initiative,  the  election  officers  and  other  officials  shall  be 
governed  by  the  provisions  of  this  constitution  and  of  the  general 
law,  supplemented  by  such  reasonable  action  as  may  be  necessary 
to  render  the  preceding  sections  self -executing. 

Art.  3,  §  14.  The  enacting  clause  of  [all]  bills  originating  in 
either  house,  shall  be  "  The  People  of  the  State  of  New  York, 
represented  in  Senate  and  Assembly,  do  enact  as  follows :  "  [and 
no  law  shall  be  enacted  except  by  bill.]  The  enacting  clause  of 
bills  originating  in  the  people  shall  be,  "  Be  it  enacted  by  the 
People  of  the  State  of  New  York." 

Art.  4,  §  9.  Every  bill  which  shall  have  passed  the  senate  and 
assembly  shall,  before  it  becomes  a  law  be  presented  to  the  gov- 
ernor ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return 
it  with  his  objections  to  the  house  in  which  it  shall  have  originated, 
which  shall  enter  the  objections  at  large  on  the  journal,  and  pro- 
ceed to  reconsider  it.  If  after  such  reconsideration,  two-thirds  of 
the  members  elected  to  that  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered  and  if  approved  by  two- 
thirds  of  the  members  elected  to  [that]  the  house,  it  shall  become 
a  law  notwithstanding  the  objections  of  the  governor.  In  all 
such  cases  the  votes  in  both  houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  the  members  voting  shall  be  entered  on 
the  journal  of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  governor  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  legislature  shall, 
by  their  adjournment,  prevent  its  return,  in  which  case  it  shall  not 
become  a  law  without  the  approval  of  the  governor.  No  bill  shall 
become  a  law  after  the  final  adjournment  of  the  legislature,  unless 
approved  by  the  governor  within  thirty  days  after  such  adjourn- 
ment. If  any  bill  presented  to  the  governor  contain  several  items 


290  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

of  appropriation  of  money  he  may  object  to  one  or  more  of  such 
items  while  approving  of  the  other  portion  of  the  bilL  In  such 
case,  he  shall  append  to  the  bill,  at  the  time  of  signing  it,  a  state- 
ment of  the  items  to  which  he  objects;  and  the  appropriation  so 
objected  to  shall  not  take  effect.  If  the  legislature  be  in  session, 
he  shall  transmit  to  the  house  in  which  the  bill  originated  a  copy 
of  such  statement,  and  the  items  objected  to  shall  be  separately 
reconsidered.  If  on  reconsideration  one  or  more  of  such  items 
be  approved  by  two-thirds  of  the  members  elected  to  each  house, 
the  same  shall  be  part  of  the  law,  notwithstanding  the  objections 
of  the  governor.  All  the  provisions  of  this  section,  in  relation  to 
bills  not  approved  by  the  governor,  shall  apply  in  cases  in  which  he 
shall  withhold  his  approval  from  any  item  or  items  contained  in  a 
bill  appropriating  money.  Provided,  however,  that  the  provisions 
of  this  section  are  subject  to  the  reserved  power  of  the  people  to 
approve  or  reject  at  the  polls  any  act,  bill,  resoluiion  or  resolve, 
as  set  forth  in  article  third. 

Art.  7,  §  4.  Except  the  debts  specified  in  sections  two  and  three 
of  this  article,  no  debts  shall  be  hereafter  contracted  by  or  in 
behalf  of  this  state,  unless  such  debt  shall  be  authorized  by  a  law, 
for  some  single  work  or  object,  to  be  distinctly  specified  therein; 
and  such  law  shall  impose  and  provide  for  the  collection  of  a  direct 
annual  tax  to  pay,  and  sufficient  to  pay  the  interest  on  such  debt 
as  it  falls  due,  and  also  to  pay  and  discharge  the  principal  of 
such  debt  within  fifty  years  from  the  time  of  the  contracting 
thereof.  No  such  law  shall  take  effect  until  it  shall  at  a  general 
election  have  been  submitted  to  the  people,  and  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such  election. 
On  the  final  passage  of  such  bill  in  either  house  of  the  legislature, 
the  question  shall  be  taken  by  ayes  and  noes,  to  be  [duly]  fully 
entered  on  the  journals  thereof  and  shall  be:  "  Shall  this  bill  pass, 
and  ought  the  same  to  receive  the  sanction  of  the  people  ?  "  The 
legislature  may  at  any  time,  after  the  approval  of  such  law  by  the 
people,  if  no  debt  shall  have  been  contracted  in  pursuance  thereof, 
repeal  the  same ;  and  may  at  any  time,  by  law,  forbid  the  contract- 
ing of  any  further  debt  or  liability  under  such  law;  but  the  tax 
imposed  by  such  act,  in  proportion  to  the  debt  and  liability  which 
may  have  been  contracted,  in  pursuance  of  such  law,  shall  remain 
in  force  and  be  irrepealable,  and  be  annually  collected,  until  the 
proceeds  thereof  shall  have  been  made  the  provisions  hereinbefore 


II]       AMENDMENTS  ADOPTED  AND  PBOPOSED,  1895-1914      291 
Composite  Amendments 

specified  to  pay  and  discharge  the  interest  and  principal  of  sueh 
debt  and  liability.  The  money  arising  from  any  loan  or  stock 
creating  such  debt  or  liability  shall  be  applied  to  the  work  or 
object  specified  in  the  act  authorizing  such  debt  or  liability  or 
for  the  payment  of  such  debt  or  liability,  and  for  no  other  pur- 
pose whatever,  [^o  such  law  shall  be  submitted  to  be  voted  on, 
within  three  months  after  its  passage  or  at  any  general  election 
when  any  other  law,  or  any  bill  shall  be  submitted  to  be  voted  for 
or  against.]'  The  legislature  may  provide  for  the  issue  of  bonds 
of  the  state  to  run  for  a  period  not  exceeding  fifty  years  in  lieu 
of  bonds  heretofore  authorized,  but  not  issued,  and  shall  impose 
and  provide  for  the  collection  of  a  direct  annual  tax  for  the  pay- 
ment of  the  same  as  hereinbefore  required.  When  any  sinking 
fund  created  under  this  section  shall  equal  in  amount  the  debt  for 
which  it  was  created,  no  further  direct  tax  shall  be  levied  on  ac- 
count of  said  sinking  fund  and  the  legislature  shall  reduce  the 
tax  to  an  amount  equal  to  the  accruing  interest  on  such  debt. 
The  legislature  may  from  time  to  time  alter  the  rate  of  interest 
to  be  paid  upon  any  state  debt,  which  has  been  or  may  be  author- 
ized pursuant  to  the  provisions  of  this  section,  or  upon  any  part 
of  such  debt,  provided,  however,  that  the  rate  of  interest  shall  riot 
be  altered  upon  any  part  of  such  debt  or  upon  any  bond  or  other 
evidence  thereof,  which  has  been,  or  shall  be  created  or  issued 
before  such  alteration.  In.  case  the  legislature  increase  the  rate 
of  interest  upon  any  such  debt,  or  part  thereof,  it  shall  impose 
and  provide  for  the  collection  of  a  direct  annual  tax  to  pay  and 
sufficient  to  pay  the  increased  or  altered  interest  on  such  debt  as 
it  falls  due  and  also  to  pay  and  discharge  the  principal  of  such 
debt  within  fifty  years  from  the  time  of  the  contracting  thereof, 
and  shall  appropriate  annually  to  the  sinking  fund  moneys  in 
amount  sufficient  to  pay  such  interest  and  pay  and  discharge  the 
principal  of  such  debt  when  it  shall  become  due  and  payable. 

Art.  12,  §  2.  All  cities  are  classified  according  to  the  latest  state 
enumeration,  as  from  time  to  time  made,  as  follows :  The  first 
class  includes  all  cities  having  a  population  of  [one]  two  hundred 
and  [seventy-five]'  fifty  thousand  or  more ;  the  second  class,  all 
cities  having  a  population  of  fifty  thousand  and  less  than  [one] 
two  hundred  and  [seventy-five]  fifty  thousand ;  the  third  class, 
all  other  cities.  Laws  relating  to  the  property,  affairs  [of]  or 
government  of  cities  and  the  several  departments  thereof,  are 


292          ^EW  YOKE  STATE  CONSTITUTION  ANNOTATED       [Part 

Composite  Amendments 

divided  into  general  and  special  city  laws;  general  city  laws  are 
those  which  relate  to  all  the  cities  of  one  or  more  classes ;  special 
city  laws  are  those  which  relate  to  a  single  city,  or  to  less  than 
all  the  cities  of  a  class.  Special  city  laws  shall  not  be  passed 
except  in  conformity  with  the  provisions  of  this  section.  After 
any  bill  for  a  special  city  law,  relating  to  a  city,  has  been  passed 
by  both  branches  of  the  legislature,  the  house  in  which  it  originated 
shall  immediately  transmit  a  certified  copy  thereof  to  the  mayor 
of  such  city,  and  within  fifteen  days  thereafter  the  mayor  shall 
return  such  bill  to  the  house  from  which  it  was  sent,  or  if  the 
session  of  the  legislature  at  which  such  bill  was  passed  has  termi- 
nated, to  the  governor,  with  the  mayor's  certificate  thereon,  stating 
whether  the  city  has  or  has  not  accepted  the  same.  In  every  city 
of  the  first  class,  the  mayor,  and  in  every  other  city,  the  mayor 
and  the  legislative  body  thereof  concurrently,  shall  act  for  such 
city  as  to  such  bill;  but  the  legislature  may  provide  for  the  con- 
currence of  the  legislative  body  in  the  cities  of  the  first  class.  The 
legislature  shall  provide  for  a  public  notice  and  opportunity  for 
a  public  hearing  concerning  any  such  bill  in  every  city  to  which 
it  relates,  before  action  thereon.  Such  a  bill,  if  it  relates  to  more 
than  one  city,  shall  be  transmitted  to  the  mayor  of  each  city  to 
which  it  relates,  and  shall  not  be  deemed  accepted  unless  accepted 
as  herein  provided,  by  every  such  city.  Whenever  any  such  bill 
is  accepted  as  herein  provided,  it  shall  be  subject  as  are  other  bills, 
to  the  action  of  the  governor.  \Yhenever,  during  the  session  at 
which  it  was  passed,  any  such  bill  is  returned  without  the  accept- 
ance of  the  city  or  cities  to  which  it  relates,  or  within  such  fifteen 
days  is  not  returned,  it  may  nevertheless  again  be  passed  by  both 
branches  of  the  legislature,  and  it  shall  then  be  subject  as  are 
other  bills,  to  the  action  of  the  governor.  In  every  special  city  law 
which  has  been  accepted  by  the  city  or  cities  to  which  it  relates, 
the  title  shall  be  followed  by  the  words  "  accepted  by  the  city  " 
or  "  cities  "  as  the  case  may  be ;  in  every  such  law  which  is  passed 
without  such  acceptance,  by  the  words  "  passed  without  the  ac- 
ceptance of  the  city  "  or  "  cities  "  as  the  case  may  be.  Provided, 
however,  that  the  provisions  of  this  section  are  subject  to  the  re- 
served power  of  the  people  residing  in  the  city  or  cities  affected  by 
such  act,  bill,  resolution  or  resolve  to  approve  or  reject  the  same  at 
the  polls,  or  to  propose  new  laws,  as  set  forth  in  article  third. 

Art.  14,  §  1.  Any  amendment  or  amendments  to  this  constitu- 
tion may  be  proposed  in  the  senate  and  assembly ;  and  if  the  same 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      293 
Composite  Amendments 

shall  be  agreed  to  by  a  majority  of  the  members  elected  to  each  of 
the  two  houses,  such  proposed  amendment  or  amendments  shall 
be  entered  on  their  journals,  and  the  yeas  and  nays  taken  thereon, 
and  referred  to  the  legislature  to  be  chosen  at  the  next  general 
election  of  senators,  and  shall  be  published  for  three  months  pre- 
vious to  the  time  of  making  such  choice,  and  if  in  the  legislature 
so  next  chosen,  as  aforesaid,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  a  majority  of  all  the  members  elected 
to  each  house,  then  it  shall  be  the  duty  of  the  legislature  to  sub- 
mit [each]  such  proposed  amendment  or  amendments  to  the 
people  for  approval  in  such  manner  and  at  such  times  as  the  legis- 
lature shall  prescribe ;  and  if  the  people  shall  approve  and  ratify 
such  amendment  or  amendments  by  a  majority  of  the  electors  vot- 
ing thereon,  such  amendment  or  amendments  shall  become  a  part 
of  the  constitution  from  and  after  the  first  day  of  January  next 
after  such  approval.  Provided,  however,  that  the  provisions  of 
this  section  are  subject  to  the  reserved  power  of  the  people  to  pro- 
pose amendments  to  the  constitution  and  to  approve  or  reject  the 
same  at  the  polls  independently  of  the  legislature,  as  set  forth  in 
article  third. 

1913.     S.  No.  83  (Int.  82).     (Same  as  A.  No.  1606.) 

S.  J.  33. 
A.  No.  1606  (Int.  1449).     (Same  as  S.  No.  83.) 

A.  J.  775. 

(For  other  proposed  amendments  providing  for  the  initiative  and 
the  referendum,  see  pp.  34,  262.) 

2.     Initiative,  referendum  and  recall 

Art.  1,  §  16.  Such  parts  of  the  common  law,  and  of  the  acts  of 
the  legislature  of  the  colony  of  New  York  as,  together  did  form  the 
common  law  of  the  said  colony,  on  the  nineteenth  day  of  April, 
one  thousand  seven  hundred  and  seventy-five,  and  the  resolutions 
of  the  congress  of  the  said  colony,  and  of  the  convention  of  the 
state  of  New  York,  in  force  on  the  twentieth  day  of  April,  one 
thousand  seven  hundred  and  seventy-seven,  which  have  not  since 
expired,  or  been  repealed  or  altered ;  and  such  acts  of  the  legisla- 
ture of  this  state  as  are  now  in  force,  shall  be  and  continue  the 
law  of  this  state,  subject  to  such  alterations  as  the  people,  by 
direct  vote,  or  the  legislature  shall  make  concerning  the  same. 
But  all  such  parts  of  the  common  law,  and  such  of  the  said  acts, 
or  parts  thereof,  as  are  repugnant  to  this  constitution,  are  hereby 
abrogated. 


294  ~NEW  YORK  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

Art.  3,  §  1.  [The  legislative  power  of  this  state  shall  be  vested 
in  the  senate  and  assembly.]  The  people  reserve  to  themselves 
the  legislative  power  of  the  state  to  be  exercised  ~by  the  direct 
vote  of  those  of  them  upon  whom  the  right  of  suffrage  is  hereby 
conferred;  and,  except  as  so  exercised  by  them,  such  power  is 
vested  in  a  senate  and  assembly;  but  the  delegation  herein,  either 
in  general  or  specific  terms,  of  any  power  or  authority  to  the  legis- 
lature or  to  either  branch  thereof,  to  be  exercised  by  it,  either  with 
or  without  the  approval  of  the  governor,  may,  at  any  time  and 
independently  of  it,  be  exercised  by  the  people  by  direct  vote. 
The  people  may  initiate  a  bill  or  a  resolution  upon  any  subject 
for  their  approval  or  rejection  by  direct  vote;  and  every  act,  bill 
or  resolution  enacted  or  adopted  by  the  legislature,  either  with  or 
without  the  approval  of  the  governor,  except  as  is  herein  otherwise 
expressly  provided,  shall  be,  at  their  option,  subject  to  a  reference 
to  them  for  their  approval  or  rejection  by  direct  vote. 

Art.  3,  §  1-a.  (Proposal  to  add  the  following  new  section:) 
A  bill  or  a  resolution  may  be  initiated  by  the  people  by  the  filing 
in  the  office  of  the  secretary  of  state  of  a  petition  addressed  to 
him,  signed  by  duly  qualified  electors  to  the  number  of  at  least 
five  per  centum  of  the  total  vote  cast  for  the  office  of  governor  at 
the  last  preceding  general  election  and  requesting  that  the  bill  or 
resolution,  which  shall  be  annexed  to  and  filed  with  such  petition, 
be  submitted  to  the  people  for  their  approval  or  rejection.  Such 
petition  may  be  executed  in  sections;  and,  if  executed  in  sections, 
the  several  sections  thereof  shall  be  regarded  as  one  petition. 
Each  elector  who  may  sign  such  petition  shall  do  so  personally 
and  shall,  with  his  own  hand,  write  opposite  his  signature  his 
place  of  residence,  which,  if  in  a  city  or  a  village,  shall  be  stated, 
so  far  as  practicable,  by  street  and  number,  and  shall  acknowl- 
edge his  signature  before  an  officer  authorized  to  take  the  acknowl- 
edgments of  signatures  to  deeds  of  real  property  to  be  recorded 
within  the  state;  and  the  certificate  of  acknowledgment  of  such 
officer,  which  shall  be  to  the  effect  that  each  signer  as  to  whose 
acknowledgment  he  may  certify  personally  appeared  before  him 
on  a  day  to  be  therein  stated,  that  he  is  known  to  him,  that  he 
knows  him  to  be  the  person  described  in  and  who  executed  such 
petition,  that  his  place  of  residence  is  correctly  stated  therein  and 
that  he  knows  him  to  be  a  duly  qualified  elector,  shall  be  annexed 
to  and  filed  with  such  petition.  The  bill  or  resolution  proposed 


II]       AMENDMENTS  ADOPTED  AXD  PEOPOSED,  1895-1914      295 

Composite  Amendments 

by  such  petition  shall  be  submitted  to  the  people  for  their  approved 
or  rejection,  by  direct  vote,  at  the  next  general  election  occurring 
not  less  than  sixty  days  after  the  filing  of  such  petition;  and  the 
several  officers  charged  with  the  duty  of  providing  for  and  con- 
ducting elections  shall,  at  public  expense,  provide  for  the  sub- 
mission of  the  same  accordingly.  Within  ten  days  after  the  filing 
of  such  petition  in  his  office  the  secretary  of  state  shall,  at  public 
expense,  cause  to  be  printed  and  delivered  to  the  clerk  of  each 
county  in  the  state  copies  of  the  bill  or  resolution  thereby  pro- 
posed to  the  number  of  at  least  one  hundred  for  every  election 
district  in  the  county  and  of  one  hundred  in  addition  thereto; 
and  each  such  clerk  shall  forthwith  upon  receipt  of  the  same  file 
in  his  office  one  copy  thereof,  which  shall  thereupon  become  a 
public  record,  and  post  and  keep  posted,  until  the  day  on  which 
the  same  shall  be  voted  upon,  in  a  conspicuous  place  in  his  office 
another  copy  thereof  and,  at  least  ten  days  before  the  first  day  of 
registration  of  voters  for  the  election  at  which  the  same  shall  be 
voted  upon,  cause  to  be  delivered  to  the  board  of  election  officers 
in  each  election  district  in  his  county  at  least  one  hundred  copies 
of  such  bill  or  resolution,  which  board  shall,  on  or  before  the  first 
day  of  such  registration,  post  and  keep  posted  until  and  during 
the  day  on  which  the  same  shall  be  voted  upon  in  a  conspicuous 
place  in  the  polling  place  in  its  election  district  one  copy  thereof 
and  have  the  remaining  copies  thereof  at  such  polling  place  on 
each  day  of  such  registration  for  distribution  to  the  voters  who  may 
apply  thereat  to  be  registered  until  the  same  shall  have,  through 
such  distribution,  been  exhausted;  and  each  such  clerk  shall,  at 
public  expense,  cause  to  be  published  daily  for  thirty  days  before 
the  election  at  which  the  same  shall  be  voted  upon  in  the  two  news- 
papers published  in  his  county  having  the  largest  and  the  next 
largest  week-day  circulation  respectively  and  being  of  different 
political  adherence,  a  notice  briefly  stating  the  substance  of  the 
bill  or  resolution  and  stating  the  day  on  which  it  will  be  submitted 
to  the  people  for  their  approval  or  rejection.  If,  upon  such  sub- 
mission, a  majority  of  all  the  persons  voting  thereon  approve  the 
bill  or  resolution  it  shall,  if  it  be  a  bill,  become  effective  as  law 
on  and  after  the  first  day  of  January  next  succeeding  the  day 
on  which  it  was  so  submitted  and,  if  it  be  a  resolution,  it  shall  be 
deemed  to  have  been  adopted;  otherwise  the  bill  or  resolution 
shall  be  deemed  to  have  failed  of  enactment  or  adoption;  and,  in 


296  NEW  YOKE:  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

either  case,  the  governor  shall,  within  ten  days  after  the  com- 
pletion of  the  canvass  of  the  vote  upon  the  bill  or  resolution, 
announce  by  proclamation  the  result  of  such  vote. 

Art.  3,  §  1-b.  (Proposal  to  add  the  following  new  section:) 
The  legislature  may,  concurrently  with  the  people  and  by  a  joint 
resolution  of  each  house  thereof  filed  in  the  office  of  the  secretary 
of  state,  to  which  resolution  a  copy  of  the  bill  or  resolution  thereby 
proposed  shall  be  annexed  and  therewith  so  filed,  propose  a  bill  or 
resolution  for  submission  to  them  for  their  approval  or  rejection 
by  direct  vote;  and  upon  such  resolution  being  so  filed  the  same 
shall  be  treated  as  a  petition  filed  pursuant  hereto  by  the  people  for 
the  purpose  of  initiating  a  bill  or  resolution;  and  the  same  proceed- 
ings shall  be  taken  with  respect  thereto  and  the  bill  or  resolution 
thereby  proposed  as  are  hereby  directed  to  be  taken  with  respect  to 
such  petition  and  shall  have  the  same  effect  as  those  hereby  di- 
rected to  be  taken  with  respect  to  such  petition. 

Art.  3,  §  1-c.  (Proposal  to  add  the  following  new  section:) 
No  act,  bill  or  resolution  enacted  or  adopted  by  the  legislature, 
either  with  or  without  the  approval  of  the  governor,  except  such  as 
pertain  solely  to  the  administrative  affairs  of  the  legislature  or  of 
either  branch  thereof  or  as  appropriate  money  for  the  current  ex- 
penses of  government  or  as  propose  a  bill  or  a  resolution  for  sub- 
mission to  the  people  for  their  approval  or  rejection  by  direct  vote, 
shall  take  effect  until  after  the  expiration  of  sixty  days  after  it  shall 
have  been  approved  by  the  governor  or  shall  have  been  enacted  or 
adopted  without  his  approval,  unless  it  shall  have  been  enacted  or 
adopted  by  the  vote  of  all  the  members  elected  to  each  house 
thereof.  Within  the  said  sixty  days  a  petition  addressed  to  the 
secretary  of  state  and  signed  by  duly  qualified  electors  to  the  num- 
ber of  at  least  five  per  centum  of  the  total  vote  cast  for  the  office 
of  governor  at  the  last  preceding  general  election  and  requesting 
that  a  bill  or  resolution  which  shall  have  been  enacted  or  adopted 
by  the  legislature,  either  with  or  without  the  approval  of  the  gov- 
ernor, and  which  may  pursuant  to  the  provisions  hereof  be  referred 
to  the  people  for  their  approval  or  rejection  by  direct  vote,  may  be 
filed  in  the  office  of  the  secretary  of  state;  and,  if  within  such  sixty 
days  such  petition  be  so  filed,  the  bill  or  resolution  named  therein 
and  hereby  authorized  to  be  referred  to  the  people  shall  not  take 
effect  unless  it  be  approved  by  the  people  by  direct  vote.  Such 
petition  may  be  executed  in  sections;  and,  if  executed  in  sections, 


II]      AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914      297 

Composite  Amendments 

the  several  sections  thereof  shall  be  regarded  as  one  petition.    Each 
elector  who  may  sign  such  petition  shall  do  so  personally  and  shall, 
with  his  own  hand,  write  opposite  his  signature  his  place  of  resi- 
dence, which,  if  in  a  city  or  a  village,  shall  be  stated,  so  far  as 
practicable,  by  street  and  number,  and  shall  acknowledge  his  signa- 
ture before  an  officer  authorized  to  take  the  acknowledgment  of  sig- 
natures to  deeds  of  real  property  to  be  recorded  within  the  slate ; 
and  the  certificate  of  acknowledgment  of  such  officer,  which  shall 
be  to  the  effect  that  each  signer  as  to  whose  acknowledgment  he 
may  certify  personally  appeared  before  him  on  a  day  to  be  therein 
stated,  that  he  is  known  to  him,  that  he  knows  him  to  be  the  person 
described  in  and  loho  executed  such  petition,  that  his  place  of  resi- 
dence is  correctly  stated  therein  and  that  he  knows  him  to  be  a  duly 
qualified  elector,  shall  be  annexed  to  and  filed  with  such  petition. 
The  bill  or  resolution  described  in  such  petition  shall  be  referred 
to  the  people  for  their  approval  or  rejection,  by  direct  vote,  at  the 
next  general  election  occurring  not  less  than  sixty  days  after  the  fil- 
ing of  such  petition  or,  if  no  general  election  shall  occur  within  three 
months  after  the  filing  of  the  same,  at  such  special  election  as  the 
governor  may,  by  proclamation,  appoint  therefor;  and  the  several 
officers  charged  with  the  duty  of  providing  for  and  conducting  elec- 
tions shall,  at  public  expense,  provide  for  the  reference  of  the  same 
accordingly.     Within  ten  days  after  the  filing  of  such  petition  in 
his  office  the  secretary  of  state  shall,  at  public  expense,  cause  to  be 
printed  and  delivered  to  the  clerk  of  each  county  in  the  state  copies 
of  the  act,  bill  or  resolution  therein  mentioned  to  the  number  of  at 
least  one  hundred  for  every  election  district  in  the  county  and  of 
one  hundred  in  addition  thereto;  and  each  such  clerk  shall,  upon 
receipt  of  the  same,  file  in  his  office  one  copy  thereof,  which  shall 
thereupon  become  a  public  record,  and  post  and  keep  posted,  until 
the  day  on  which  the  same  shall  be  voted  upon,  in  a  conspicuous 
place  in  his  office  another  copy  thereof  and,  at  least  ten  days  before 
the  first  day  of  registration  of  voters  for  the  purposes  of  the  elec- 
tion at  which  the  same  shall  be  voted  upon,  cause  to  be  delivered  to 
the  board  of  election  officers  in  each  election  district  in  his  county 
one  hundred  copies  of  such  act,  bill  or  resolution,  which  board  shall, 
on  or  before  the  first  day  of  such  registration,  post  and  keep  posted, 
until  and  during  the  day  on  which  the  same  shall  be  voted  upon,  in 
a  conspicuous  place  in  the  polling  place  in  its  election  district  one 
copy  thereof  and  have  the  remaining  copies  thereof  at  such  polling 


298  iSTEw  YOBK  STATE  CONSTITUTION  ANNOTATED        [Part 

Composite  Amendments 

place  on  each  day  of  such  registration  for  distribution  to  the  voters 
who  may  apply  thereat  to  be  registered  until  the  same  shall  have, 
through  such  distribution,  been  exhausted;  and  each  such  clerk 
shall,  at  public  expense,,  cause  to  be  published  daily  for  thirty  days 
before  the  election  at  ivhich  the  same  shall  be  voted  upon  in  the  two 
newspapers  published  in  his  county  having  the  largest  and  the  next 
largest  weeJc-day  circulation  respectively  and  being  of  different 
political  adherence,  a  notice  briefly  stating  the  substance  of  the  n.ct 
bill  or  resolution  and  staling  the  day  on  which  it  will  be  referred 
to  the  people  for  their  approval  or  rejection.  If,  upon  such  refer- 
ence, a  majority  of  all  the  persons  voting  thereon  approve  the  act, 
bill  or  resolution  it  shall,  if  an  act  or  a  bill,  become  effective  as  law 
after  the  expiration  of  ten  days  after  the  governor  shall,  by  procla- 
mation, announce  the  result  of  the  vote  thereon  and,  if  a  resolution, 
it  shall  be  deemed  to  have  been  adopted;  otherwise  the  act,  bill  or 
resolution  shall  be  deemed  to  have  failed  of  enactment  or  adoption; 
and,  in  either  case,  the  governor  shall,  within  ten  days  after  the 
completion  of  the  canvass  of  the  vote  upon  the  act,  bill  or  resolu- 
tion, announce,  by  proclamation,  the  result  of  such  vote. 

Art.  3,  §  1-d.  (Proposal  to  add  the  following  new  section:) 
When  competing,  conflicting  and  contradicting  acts,  bills,  or  reso- 
lutions relating  to  the  same  subject  are  submitted  or  referred  to 
the  people  for  their  approval  or  rejection  by  direct  vote  at  the 
same  election,  no  such  act,  bill  or  resolution  shall  be  deemed  to 
have  been  approved  unless  it  shall  have  been  approved  by  a  ma- 
jority of  all  those  voting  upon  all  such  acts,  bills  or  resolutions 
relating  to  the  same  subject. 

Art.  3,  §  1-e.  (Proposal  to  add  the  following  new  section:)  The 
legislature  shall  not,  either  icith  or  without  the  approval  of  the  gov- 
ernor, amend  or  repeal,  or  pass  any  act  or  bill  or  adopt  any  reso- 
lution conflicting  with,  any  act,  bill,  ar  resolution  or  any  part 
thereof  which  shall  have  been,  by  direct  vote,  approved  by  the 
people  or  pass  any  act  or  bill  or  adopt  any  resolution  which  shall 
have  been,  on  reference  to  the  people,  rejected  by  them  by  direct 
vote. 

Art.  3,  §  1-f.  (Proposal  to  add  the  following  new  section:)  No 
court,  judge  or  justice  of  the  state  shall  set  aside,  disregard,  abro- 
gate or  declare  unconstitutional  or  void  any  act,  bill  or  resolution, 
or  any  part  thereof,  which  shall  have  been,  pursuant  to  the  pro- 
visions hereof,  approved  by  the  people  by  direct  vote;  and  any 


II]        AMENDMENTS  ADOPTED  AXD  PROPOSED,   1895-1014       299 
Composite  Amendments 

such  judge  or  justice  who  shall  render  or  sign  a  decision  or  sign 
or  direct  the  entry  of  any  order  or  judgment  in  violation  of  the 
provisions  of  this  section  shall  forfeit  his  office  and  the  same  shall, 
thereupon,  be  deemed  to  be  and  become  vacant  and  his  successor 
therein  shall  be  elected  for  the  unexpired  portion  of  his  term  at 
the  next  general  election  occurring  not  less  than  sixty  days  after 
sucli  vacancy  shall  so  occur. 

Art.  3,  §  14.  The  enacting  clause  of  all  bills  initiated  by  the 
people  shall  be:  "  The  People  of  the  State  of  New  York  enact  as 
follows" ;  and  f]T]/he  enacting  clause  of  all  bills  originating  in 
either  house  of  the  legislature  shall  be:  "  The  People  of  the  State 
of  New  York,  represented  in  senate  and  assembly,  [do]  enact  as 
follows  "[?]y  and  no  law  shall  be  enacted  except  by  bill. 

Every  act,  bill  or  resolution  originating  with  the  people  or  in 
either  house  of  the  legislature  shall  bear  a  title  whereby  the  pur- 
pose of  the  same  shall  be  briefly  indicated;  and  upon  the  submis- 
sion or  reference  of  the  same  to  the  people  for  their  approval  or 
rejection,,  by  direct  vote,  the  question  upon  which  they  shall  vote 
shall  be:  "Shall  the  bill  originating  (here  state  that  it  originated 
with  the  people  or  in  the  legislature,  as  the  case  may  be)  and  en- 
titled '  an  act  (here  state  the  title),  become  lair?  " 

l.Tpon  the  submission  or  reference  to  the  people  for  their  ap- 
proval or  rejection,  by  direct  vote,  of  any  question,  the  question 
upon  which  they  shall  vote  shall  be:  "Shall  (here  state  the  ques- 
tion in  concise  language)  ?" 

The  questions  upon  which  the  people  shall  vote  shall  be  printed 
upon  a  ballot  separate  from  that  upon  which  the  names  of  can- 
didates for  public  office  shall  be  printed  and,  if  there  be  more  than 
one,  shall  be  separated  from  each  other  by  a  horizontal  line  and 
shall  be  separately  numbered;  and  opposite  each  such  question 
there  shall  be  printed,  one  above  the  other,  two  voting  spaces  one- 
half  inch  square,  immediately  above  the  top  one  of  which  there 
shall  be  printed  the  word  "  yes  "  and  immediately  above  the  other 
of  which  there  shall  be  printed  the  word  "  no  ".  For  an  affirma- 
hre  vote  upon  any  such  question  the  elector  voting  upon  the  same 
shall,  with  a  pencil  of  black  lead,  make  a  X  mark  within  the  said 
voting  space  immediately  under  the  word  "  yes  " ;  and  for  a  nega- 
tive vote  upon  any  such  question  the  elector  voting  itpon  the  same 
shall  likewise  make  a  X  mark  within  the  said  voting  space  imme- 
diately under  the  word  "  no  ".  Such  ballots  shall,  so  far  as  prac- 
ticable, conform  to  the  requirements  made  by  law  for  official 
PART  11  —  11 


300  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

ballots  used  at  the  same  election  for  the  purpose  of  voting  for 
candidates  for  public  office. 

Art.  3,  §  15.  No  bill  originating  in  either  house  of  the  legisla- 
ture shall  be  passed  or  become  a  law  unless  it  shall  have  been 
printed  and  upon  the  desks  of  the  members,  in  its  final  form,  at 
least  three  calendar  legislative  days  prior  to  its  final  passage,  un- 
less the  Governor,  or  the  acting  Governor,  shall  have  certified  to 
the  necessity  of  its  immediate  passage,  under  his  hand  and  the 
seal  of  the  State;  nor  shall  any  bill  be  passed  or  become  a  law, 
except  by  the  assent  of  a  majority  of  the  members  elected  to  each 
branch  of  the  legislature;  and  upon  the  last  reading  of  a  bill,  no 
amendment  thereof  shall  be  allowed,  and  the  question  upon  its 
final  passage  shall  be  taken  immediately  thereafter,  and  the  yeas 
and  nays  entered  on  the  journal. 

Art.  4,  §  4.  The  Governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  state.  He  shall  have  power  to 
convene  the  legislature,  or  the  senate  only,  on  extraordinary  occa- 
sions. At  extraordinary  sessions  no  subject  shall  be  acted  upon, 
except  such  as  the  governor  may  recommend  for  consideration. 
He  shall  communicate  by  message  to  the  legislature  at  every  ses- 
sion the  condition  of  the  state,  and  recommend  such  matters  to 
it  as  he  shall  judge  expedient.  He  shall  transact  all  necessary 
business  with  the  officers  of  government,  civil  and  military.  Pie 
shall  have  power  to  call  special  elections  for  the  purpose  of  refer- 
ring to  the  people  for  their  approval  or  rejection,  by  direct  vote, 
any  act,  bill  or  resolution  enacted  or  adopted  by  the  legislature, 
either  with  or  without  his  approval,  which  may,  pursuant  to  the 
provisions  hereof,  be  submitted  to  them,  whenever  no  general  elec- 
tion shall  occur  within  three  months  after  the  filing  of  the  petition 
for  the  reference  of  the  same.  He  shall  expedite  all  such  meas- 
ures as  may  be  resolved  upon  by  the  legislature,  and  shall  take 
care  that  the  laws  are  faithfully  executed.  He  shall  receive  for 
his  service  an  annual  salary  of  ten  thousand  dollars,  and  there 
shall  be  provided  for  his  use  a  suitable  and  furnished  executive 
residence. 

Art.  4,  §  9.  Every  bill  which  shall  have  passed  the  senate  and 
assembly  shall,  before  it  becomes  a  law,  be  presented  to  the  gov- 
ernor ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it 
with  his  objections  to  the  house  in  which  it  shall  have  originated, 
which  shall  enter  the  objections  at  large  on  the  journal,  and 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895—1914       301 

Composite  Amendments 

proceed  to  reconsider  it.  If  after  such  reconsideration,  two-thirds 
of  the  members  elected  to  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent  together  with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered;  and  if  approved  by  two 
thirds  of  the  members  elected  to  that  house,  it  shall  become  a  law 
notwithstanding  the  objections  of  the  governor,  unless  a  petition 
for  its  reference  to  the  people  shall  be  filed  as  herein  provided.  In 
all  such  cases  the  votes  in  both  houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  the  members  voting  shall  be  entered 
on  the  journal  of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  governor  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  legislature  shall,  by 
their  adjournment,  prevent  its  return,  in  which  case  it  shall  not 
become  a  law  without  the  approval  of  the  governor,  unless  a  peti- 
tion for  its  reference  to  the  people  shall  be  filed  as  herein  provided. 
No  bill  enacted  by  the  legislature  shall  become  a  law  after  the 
final  adjournment  of  the  legislature,  unless  approved  by  the 
governor  within  thirty  days  after  such  adjournment.  If  any  bill 
presented  to  the  governor  contain  several  items  of  appropriation 
of  money,  he  may  object  to  one  or  more  of  such  items  while  approv- 
ing of  the  other  portion  of  the  bill.  In  such  case  he  shall  append 
to  the  bill,  at  the  time  of  signing  it,  a  statement  of  the  items  to 
which  he  objects;  and  the  appropriation  so  objected  to  shall  not 
take  effect.  If  the  Legislature  be  in  session,  he  shall  transmit  to 
the  house  in  which  the  bill  originated  a  copy  of  such  statement, 
and  the  items  objected  to  shall  be  separately  reconsidered.  If  on 
reconsideration  one  or  more  of  such  items  be  approved  by  two- 
thirds  of  the  members  elected  to  each  house,  the  same  shall  be 
part  of  the  law,  notwithstanding  the  objections  of  the  governor. 
All  the  provisions  of  this  section,  in  relation  to  bills  not  approved 
by  the  governor,  shall  apply  in  cases  in  which  he  shall  withhold 
his  approval  from  any  item  or  items  contained  in  a  bill  appro- 
priating money.  The  veto  power  of  the  governor  shall  not,  how- 
ever, extend  to  any  act,  bill  or  resolution  which  shall  have  been, 
pursuant  to  the  provisions  hereof,  approved  by  the  people  by  direct 
vote. 

Art.  7,  §  4.  Except  the  debts  specified  in  sections  two  and 
three  of  this  article,  no  debts  shall  be  hereafter  contracted  by  or 
[in]  on  behalf  of  this  state,  unless  such  debt  shall  be  authorized 


302  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

by  a  law,  for  some  single  work  or  object,  to  be  distinctly  specified 
therein;  and  such  law  shall  impose  and  provide  for  the  collection 
of  a  direct  annual  tax  to  pay,  and  sufficient  to  pay,  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  prin- 
cipal of  such  debt  within  fifty  years  from  the  time  of  the  con- 
tracting thereof.  No  such  law  shall  take  effect  until  it  shall  at  a 
general  election  have  been  [submitted]  referred  to  the  people,  and 
have  received  a  majority  of  all  the  votes  cast  for  and  against  it 
at  such  election.  On  the  final  passage  of  such  bill  in  either 
house  of  the  legislature,  the  question  shall  be  taken  by  ayes  and 
noes,  to  be  duly  entered  on  the  journals  thereof,  and  shall  be: 
"  Shall  this  bill  pass,  and  ought  the  same  to  receive  the  sanction 
of  the  people  ? " 

[The  legislature  may  at  any  time,  after  the  approval  of  such 
law  by  the  people,  if  no  debt  shall  have  been  contracted  in  pur- 
suance thereof,  repeal  the  same;  and  may  at  any  time,  by  law, 
forbid  the  contracting  of  any  further  debt  or  liability  under  such 
law;  but  t]21ie  tax  imposed  by  such  act,  in  proportion  to  the 
debt  and  liability  which  may  have  been  contracted  in  pursuance 
of  such  law,  shall  remain  in  force  and  be  irrepealable,  and  be 
annually  collected,  until  the  proceeds  thereof  shall  have  made 
the  provisions  hereinbefore  specified  to  pay  and  discharge  the 
interest  and  principal  of  such  debt  and  liability.  The  money 
arising  from  any  loan  or  stock  creating  such  debt  or  liability  shall 
be  applied  to  the  work  or  object  specified  in  the  act  authorizing 
such  debt  or  liability,  or  for  the  payment  of  such  debt  or  liability, 
and  for  no  other  purpose  whatever.  [No  such  law  shall  be  sub- 
mitted to  be  voted  on,  within  three  months  after  its  passage,  or  at 
any  general  election  when  any  other  law,  or  any  bill  shall  be 
submitted  to  be  voted  for  or  against.]  The  legislature  may  pro- 
vide for  the  issue  of  bonds  of  the  state  to  run  for  a  period  not 
exceeding  fifty  years  in  lieu  of  bonds  heretofore  authorized  but  not 
issued  and  shall  impose  and  provide  for  the  collection  of  a  direct 
annual  tax  for  the  payment  of  the  same  as  hereinbefore  required. 
When  any  sinking  fund  created  under  this  section  shall  equal  in 
amount  the  debt  for  which  it  was  created,  no  further  direct  tax 
shall  be  levied  on  account  of  said  sinking  fund  and  the  legislature 
shall  reduce  the  tax  to  an  amount  equal  to  the  accruing  interest 
on  such  debt. 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       303 
Composite  Amendments 

Art.  8,  §  13.  Existing  laws  relating  to  institutions  referred  to 
in  the  foregoing  sections  and  to  their  supervision  and  inspection, 
in  so  far  as  such  laws  are  not  inconsistent  with  the  provisions  of 
the  constitution,  shall  remain  in  force  until  amended  or  repealed 
by  the  people,  by  direct  vote,  or  by  the  legislature.  The  visitation 
and  inspection  herein  provided  for  shall  not  be  exclusive  of 
other  visitation  and  inspection  now  authorized  by  law. 

Art.  10,  §  3.  When  the  duration  of  any  term  of  office  is  not 
provided  by  this  constitution  it  may  be  declared  by  law,  and  if  not 
so  declared,  such  office  shall  be  held  during  the  pleasure  of  the 
authority  making  the  appointment [.];  but  the  tenure  of  every 
elective  office,  notwithstanding  that  the  term  thereof  may  be  fixed, 
shall  be  subject  to  the  will  of  the  people  to  be  expressed  in  accord- 
ance with  the  provisions  of  section  eight  of  this  article. 

Art.  10,  §  8.  The  people  of  the  state  or  of  any  political  or  ter- 
ritorial subdivision  thereof  may,  at  their  option,  without  assign- 
ing any  reason  therefor,  at  any  time  and  notwithstanding  that  the 
term  for  which  he  shall  have  been  elected  has  not  expired,  by  fil- 
ing a  petition  pursuant  to  the  provisions  of  this  section,  remove 
from  office  any  public  elective  officer  of  the  state  or  of  any  polit- 
ical or  territorial  subdivision  thereof.  Such  petition  shall  be  ad- 
dressed to  the  official  in  whose  office  the  same  is  hereby  directed  to 
be  filed,  shall  be  executed  in  like  manner  as  a  petition  required  by 
the  provisions  hereof  for  the  initiation  of  a  bill  or  resolution  by 
the  people  of  the  state  and  shall  be  signed  by  qualified  electors  of 
the  territory  throughout  which  the  officer  sought  to  be  removed 
was  voted  for  to  the  number  of  at  least  twenty- five  per  centum  of 
the  total  vote  cast  in  such  territory  for  the  office  of  governor  at  the 
last  preceding  general  election;  and  such  petition  shall  state  the 
officer  sought  to  be  removed,  the  title  of  the  office  from  which  his 
removal  is  sought,  the  date  of  his  election  thereto  and  the  date  of 
the  commencement  of  his  term  in  such  office  and  shall  pray  his 
removal  therefrom.  If  such  officer  were,  upon  his  election  to  such 
office,  voted  for  throughout  the  state,  such  petition  shall  be  filed 
in  the  office  of  the  secretary  of  state.  If  he  be  an  officer  other 
than  a  city  officer  and  were  voted  for  throughout  a  territory  of  less 
extent  than  the  whole  state,  it  shall  be  filed  in  the  office  of  the 
cleric  of  a  county  embraced  wholly  or  partly  within  such  territory 
and  a  duplicate  or  a  certified  copy  thereof  shall  be  filed  in  the 
office  of  the  clerk  of  each  other  county  embraced  wholly  or  partly 


304  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

within  such  territory.  If  he  be  a  city  officer,,  it  shall  be  filed  in  the 
office  of  the  clerk  of  the  city  of  which  he  shall  be  an  officer.  Upon 
the  filing  of  such  petition  as  aforesaid  the  office  occupied  by  him 
shall,  thereupon,  be  deemed  to  be  vacant  on  and  after  the  first  day 
of  January  next  succeeding  the  general  election  occurring  not  less 
than  sixty  days  after  the  filing  thereof;  and  within  five  days  after 
the  filing  of  such  petition  the  governor,  if  such  officer  be  an  officer 
other  than  a  city  officer,  and  the  mayor  of  the  city  of  which  he 
shall  be  an  officer,  if  he  be  a  city  officer,  shall,  by  proclamation, 
declare  the  same  vacant  accordingly.  The  successor  to  such  offi- 
cer shall,  at  the  next  general  election  occurring  not  less  than  sixty 
days  after  the  filing  of  such  petition,  be  elected  for  the  unexpired 
term  for  which  the  officer  so  removed  was  elected  and  shall  take 
such  office  on  the  first  day  of  January  next  succeeding  such  gen- 
eral election. 

The  legislature  may  declare  tlie  cases  in  which  any  office  shall 
be  deemed  vacant  when  no  provision  is  made  for  that  purpose  in 
this  constitution. 

Art.  12,  §  2.  All  cities  are  classified  according  to  the  latest  state 
enumeration,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  one  hundred  and 
seventy-five  thousand,  or  more;  the  second  class,  all  cities  having 
a  population  of  fifty  thousand  and  less  than  one  hundred  and  sev- 
enty-five thousand;  and  the  third  class,  all  other  cities.  Laws 
relating  to  the  property,  affairs  or  government  of  cities,  and  the 
several  departments  thereof,  are  divided  into  general  and  special 
city  laws ;  general  city  laws  are  those  which  relate  to  all  the  cities 
of  one  or  more  classes ;  special  city  laws  are  those  which  relate  to 
a  single  city,  or  to  less  than  all  the  cities  of  a  class.  Special  city 
laws  shall  not  be  passed  except  in  conformity  with  the  provisions 
of  this  section.  After  any  bill  for  a  special  city  law[,  relating  to 
a  city,]  has  been  passed  by  both  branches  of  the  legislature,  the 
clerk  of  the  house  in  which  it  originated  shall  immediately  trans- 
mit a  certified  copy  thereof  to  the  mayor  of  [such  city,]  each  city 
to  which  the  same  relates;  and,  within  five  days  after  the  receipt 
of  the  same,  such  mayor  shall  issue  a  proclamation  stating  the  date 
of  its  receipt  by  him,  the  title  of  the  bill  and  a  time  when,  which 
shall  not  be  less  than  five  days  after  the  first  publication  of  such 
proclamation  as  herein  directed,  and  a  place  in  such  city  where  a 
public  hearing  thereon  will  be  had  and  shall,  at  public  expense, 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       305 


Composite  Amendments 


cause  such  proclamation  to  be  published  daily  for  five  days  in  the 
two  newspapers  published  in  such  city  having  the  largest  and  the 
next  largest  week-day  circulation  respectively  and  being  of  differ- 
ent political  adherence;  and  such  mayor  shall  neither  approve  nor 
reject  such  bill  until  after  the  time  thereby  appointed  for  such 
hearing.  [W]i  Within*  fifteen  days  [thereafter  the]  after  its 
receipt  by  him  such  mayor  shall  return  such  bill  to  the  house  from 
which  it  was  sent,  or  if  the  session  of  the  legislature  at  which  such 
bill  was  passed  [has]  shall  have  terminated,  to  the  governor,  with 
[the]  such  mayor's  certificate  thereon,  stating  whether  [the  city] 
he,  on  behalf  of  such  city,  has  or  has  not  accepted  the  same.  [In 
every  city  of  the  first  class,  the  mayor,  and  in  every  other  city,  the 
mayor  and  the  legislative  body  thereof  concurrently,  shall  act  for 
such  city  as  to  such  bill ;  but  the  legislature  may  provide  for  the 
concurrence  of  the  legislative  body  in  cities  of  the  first  class.  The 
legislature  shall  provide  for  a  public  notice  and  opportunity  for  a 
public  hearing  concerning  any  such  bill  in  every  city  to  which  it 
relates,  before  action  thereon.  iSuch  a  bill,  if  it  relates  to  more 
than  one  city,  shall  be  transmitted  to  the  mayor  of  each  city  to 
which  it  relates,  and  shall  not  be  deemed  accepted  unless  accepted 
as  herein  provided,  by  every  such  city.]  Unless  such  bill  shall 
be  accepted,  as  herein  provided,  by  such  mayor  no  further  action 
shall  be  taken  thereon  by  either  the  legislature  or  the  governor; 
and,  if  so  accepted,  no  further  action  shall  be  taken  thereon  by 
either  the  governor  or  the  legislature  until  after  the  expiration  of 
ten  days  after  such  acceptance.  Within  such  ten  days  a  petition 
addressed  to  the  clerk  of  such  city  and  signed  by  duly  qualified 
electors  thereof  to  the  number  of  at  least  five  per  centum  of  the 
total  vote  cast  for  the  office  of  mayor  thereof  at  the  last  preceding 
general  election  and  requesting  that  such  bill  be  referred  to  the 
people  of  such  city  for  their  approval  or  rejection,  by  direct  vote, 
may  be  filed  in  the  office  of  the  clerk  of  such  city;  and  if,  within 
such  ten  days,  such  petition  be  so  filed  action  by  the  governor 
upon  such  bill  shall  be  thereby  and  thereupon  suspended  and  the 
sam,e  shall  be  referred  to  the  people  of  such  city  for  their  approval 
or  rejection,  by  direct  vote,  at  the  next  general  election  occurring 
not  less  than  thirty  days  after  the  filing  of  such  petition;  and  the 
several  officers  charged  with  the  duty  of  providing  for  and  con- 
ducting elections  in  such  city  shall,  at  public  expense,  provide  for 

*  So  in  original. 


306  I^EW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

the  reference  of  the  same  accordingly.  Such  petition  shall  be  exe- 
cuted in  like  manner  as  a-  petition  required  ~by  the  provisions- 
hereof  for  the  initiation  of  a  bill  or  resolution  by  the  people. 
Such  mayor  shall,  within  ten  days  after  the  completion  of  the  can- 
vass of  the  vote  upon  such  bill,  announce,  by  proclamation,  the  re- 
sult thereof.  If,  upon  such  reference,  a  majority  of  all  the  per- 
sons voting  thereon  in  each  such  city  approve  such  bill,  it  shall, 
thereupon,  be  subject,  as  other  bills,  to  the  action  of  the  go senior ; 
and,  unless  it  be  so  approved,  no  further  action  shall  be  talcen 
thereon  either  by  the  governor  or  the  legislature.  [Whenever 
any  such  bill  is  accepted  as  herein  provided,  it  shall  be  subject  as 
are  other  bills,  to  the  action  of  the  governor.  Whenever,  during 
the  session  at  which  it  was  passed,  any  such  bill  is  returned  with- 
out the  acceptance  of  the  city  or  cities  to  which  it  relates,  or  within 
such  fifteen  days  is  not  returned,  it  may  nevertheless  again  be 
passed  by  both  branches  of  the  legislature,  and  it  shall  then  be  sub- 
ject as  are  other  bills,  to  the  action  of  the  governor.-  In  every 
special  city  law  which  has  been  accepted  by  the  city  or  cities  to 
which  it  relates,  the  title  shall  be  followed  by  the  words  "  accepted 
by  the  city,"  or  "  cities,"  as  the  case  may  be ;  in  every  such  law 
which  is  passed  without  such  acceptance,  by  the  words  "  passed 
without  the  acceptance  of  the  city,"  or  "  cities,"  as  the  case  may 
be.] 

Art.  12,  §  2-a.  (Proposal  to  add  the  following  new  section:) 
The  people  of  any  city  may  exercise,  by  direct  vote,  any  power  or 
authority  with  which  such  city  may  by  law  be  vested;  and  they 
may,  by  direct  vote,  determine,  within  the  scope  of  such  power  or 
authority,  what  action  shall  be  taken  by  such  city  with  respect  to- 
any  question,  measure,  issue,  policy,  ordinance,  order,  resolution 
or  action  affecting  it  and  its  affairs.  A  petition  addressed  to  the 
cleric  of  such  city  and  signed  by  duly  qualified  electors  thereof  to 
the  number  of  at  least  five  per  centum  of  the  total  vote  cast  for 
the  office  of  mayor  thereof  at  the  last  preceding  general  election 
and  requesting  that  any  such  question,  measure,  issue,  policy, 
ordinance,  order,  resolution  or  action  be  submitted  to  the  people 
of  such  city  for  their  approval  or  rejection,  by  direct  vote,  which 
question,  measure,  issue,  policy,  ordinance,  order,  resolution  or 
action  proposed  by  such  petition  shall  be  set  forth  therein  in  con- 
cise language,  may  at  any  time  be  filed  in  the  office  of  the  clerk  of 
such  city;  and,  upon  such  petition  being  so  filed,  each  officer,  board, 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,   1895-1914:       307 


Composite  Amendments 


department,  bureau,  employee,  agent  and  servant  of  such  city  shall 
thereby  be  effectually  stayed,  restrained  and  enjoined  from  adopt- 
ing, passing,  determining,  issuing,  executing  or  othenvise  taking 
any  action  with  respect  to  or  affecting  any  such  question,  measure, 
issue,  policy,  ordinance,  order,  resolution  or  action  until  after 
the  same  shall  be  approved  or  rejected,  by  direct  vote,  by  the 
people  of  such  city.  Such  petition  shall  be  executed  in  like 
manner  as  a  petition  required  by  the  provisions  hereof  for  the 
initiation  of  a  bill  or  resolution  by  the  people.  The  question, 
measure,  issue,  policy,  ordinance,  order,  resolution  or  action  pro- 
posed by  such  petition  shall  be  submitted  to  the  people  of  such 
city  for  their  approval  or  rejection,  by  direct  vote,  at  the  next 
general  election  occurring  not  less  than  thirty  days  after  the  filing 
of  such  petition;  and  the  several  officers  charged  with  the  duty  of 
providing  for  and  conducting  elections  in  such  city  shall,  at  public 
expense,  provide  for  the  submission  of  the  same  accordingly.  At 
least  one  day  before  the  first  day  of  the  registration  of  voters  for 
the  purposes  of  the  election  at  which  the  same  shall  be  voted  upon 
the  clerk  of  such  city  shall,  at  public  expense,  cause  to  be  printed 
and  delivered  to  the  board  of  election  officers  in  each  election  dis- 
trict in  such  city  at  least  one  hundred  copies  of  such  question, 
measure,  issue,  policy,  ordinance,  order,  resolution  or  action,  as 
stated  in  such  petition,  upon  which  copies  shall  be  printed  a  state- 
ment of  the  date  of  the  filing  of  such  petition  and  of  the  time  when 
such  question,  measure,  issue,  policy,  ordinance,  order,  resolution 
or  action  will  be  submitted  to  the  people  for  their  approval  or 
rejection,  by  direct  vote,  which  board  shall  make  the  same  dispo- 
sition of  the  said  copies  as  it  is,  by  the  provisions  of  article  three 
hereof,  directed  to  make  of  copies  of  bills  or  resolutions  forwarded 
to  it  by  the  county  cleric;  and  the  cleric  of  such  city  shall,  at  public 
expense,  cause  to  be  published  for  ten  days  before  the  same  shall 
be  voted  upon  in  the  tivo  newspapers  published  in  such  city  having 
the  largest  and.  the  next  largest  week-day  circulation  respectively 
and  being  of  different  political  adherence  a  notice  briefly  stating 
the  substance  of  the  question,  measure,  issue,  policy,  ordinance, 
order,  resolution  or  action  and  stating  the  day  on  which  it  will 
be  submitted  to  the  people  of  such  city  for  their  approval  or  rejec- 
tion. If,  upon  such  submission,  a  majority  of  all  the  persons  vot- 
ing thereon  approve  such  question,  measure,  issue,  policy,  ordi- 
nance, order,  resolution  or  action  it  shall  become  effective  as  law 


308  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

and  shall  be  observed  by  and  be  binding  upon  such  city  and  the 
people  and  each  officer,  board,  department,  bureau,  employee, 
agent  and  servant  thereof  on  and  after  the  first  day  of  January 
next  succeeding  the  day  on  which  it  was  voted  upon;  otherwise  the 
same  shall  be  deemed  to  have  been  rejected;  and,  in  either  case, 
the  mayor  of  such  city  shall,  within  ten  days  after  the  completion 
of  the  canvass  of  the  vote  upon  such  question,  measure,  issue, 
policy,  ordinance,  order,  resolution  or  action,  announce,  by  procla- 
mation, the  result  thereof.  No  officer,  board,  department,  bureau, 
employee,  agent  or  servant  of  such  city  shall  adopt,  issue,  make, 
give,  enforce,  execute,  obey  or  otherwise  recognize  or  establish  any 
question,  measure,  issue,  policy,  ordinance,  order,  resolution  or 
action  which  shall  have  been,  on  submission  to  the  people  of  such 
city,  rejected  by  them  by  direct  vote. 

Art.  14,  §  1.  [Any  amendment  or  a] Amendments  to  this  Con- 
stitution may  be  proposed  [in  the  Senate  and  Assembly ;  and  if 
the  same  shall  be  agreed  to  by  a  majority  of  the  members  elected 
to  each  of  the  two  houses,  such  proposed  amendment  or  amend- 
ments shall  be  entered  on  their  journals,  and  the  yeas  and  nays 
taken  thereon,  and  referred  to  the  Legislature  to  be  chosen  at  the 
next  general  election  of  senators,  and  shall  be  published  for  three 
months  previous  to  the  time  of  making  such  choice;  and  if  in 
the  Legislature  so  next  chosen,  as  aforesaid,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority  of  all  the 
members  elected  to  each  house,  then  it  shall  be  the  duty  of  the 
Legislature  to  submit  [each]  such  proposed  amendment  or  amend- 
ments to  the  people  for  approval  in  such  manner  and  at  such  times 
as  the  Legislature  shall  prescribe;]  by  the  people  and  submitted 
to  them  for  their  approval  or  rejection,  by  direct  vote,  in  the  same 
manner  in  luhich  a  bill  or  resolution  may,  pursuant  to  the  provi- 
sions thereof,  be  initiated  by  them  and  submitted  to  them  for  their 
approval  or  rejection  or  by  the  legislature  in  the  same  manner  in 
which  a  bill  or  resolution  may,  pursuant  to  the  provisions  hereof, 
be  proposed  by  it  for  submission  to  the  people;  and  the  same  action 
shall  be  taken  ivith  respect  to  a  petition  proposing  an  amendment 
hereto  and  the  amendment  thereby  proposed  as  is  herein  directed 
to  be  taken  with  respect  to  a  petition  initiating  a  bill  or  a  resolution 
by  the  people  and  the  bill  or  resolution  initiated  by  the  same  or 
with  respect  to  an  amendment  so  proposed  by  the  legislature  as  is 
herein  directed  to  be  taken  with  respect  to  a  bill  or  resolution  pro- 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       309 

Composite  Amendments 

posed  by  it  for  submission  to  the  people;  except  that  a  petition 
proposing  an  amendment  hereto  shall  be  signed  by  duly  qualified 
electors  to  the  number  of  at  least  ten  per  centum  of  the  total  vote 
cast  for  the  office  of  governor  at  the  last  preceding  general  elec- 
tion, that  an  amendment  hereto  can  be  proposed  by  the  legislature 
only  by  the  vote  of  two-thirds  of  all  the  members  elected  to  each 
house  thereof  and  that  an  amendment  hereto,  whether  originat- 
ing with  the  people  or  in  the  legislature,  shall  not  be  deemed  to 
have  been  adopted  by  the  people  unless  it  shall  have  been  approved 
by  two-thirds  of  all  those  voting  thereon.  An  amendment  so  pro- 
posed shall  be  submitted  to  the  people  for  their  approval  or  rejec- 
tion, by  direct  vote,  at  the  next  general  election  occurring  not  less 
than  four  months  after  the  filing  of  the  petition  by  the  people  or 
the  adoption  of  a  resolution  by  the  legislature  proposing  the  same; 
and  if  the  people  shall  approve  [and  ratify]  such  amendment 
[or  amendments]1  by  [a  majority  of]  the  vote  of  two-thirds  of  all 
those  [the  electors]  voting  thereon,,  such  amendment  [or  amend- 
ments] shall  be  deemed  to  have  been  adopted  and  shall  become  a 
part  of  [the]  this  Constitution  [from]  on  and  after  the  first  day 
of  January  next  after  such  approval. 

Art.  14,  §  2.  At  the  general  election  to  be  held  in  the  year  one 
thousand  nine  hundred  and  sixteen,  and  every  twentieth  year  there- 
after, and  also  at  such  times  as  the  people  may,  by  a  petition  exe- 
cuted and  filed  in  accordance  with  the  provisions,  so  far  as  the 
same  may  be  applicable,  governing  the  initiation  of  a  bill  or  reso- 
lution by  them,  request  and  as  the  Legislature  may  by  law  provide, 
the  question,  "  Shall  there  be  a  convention  to  revise  the  Constitu- 
tion and  amend  the  same  ?  "  shall  be  decided  by  the  electors  of  the 
State;  and  in  case  a  majority  of  the  electors  voting  thereon  shall 
decide  in  favor  of  a  convention  for  such  purpose,  the  electors  of 
every  senate  district  [of]  in  the  State,  as  then  organized,  shall 
elect  three  delegates  at  the  next  ensuing  general  election  at  which 
members  of  the  Assembly  shall  be  chosen,  and  the  electors  of  the 
State  voting  at  the  same  election  shall  elect  fifteen  delegates-at- 
large.  The  delegates  so  elected  shall  convene  at  the  capitol  on 
the  first  Tuesday  of  April  next  ensuing  after  their  election,  and 
shall  continue  their  session  until  the  business  of  such  convention 
shall  have  been  completed.  Every  delegate  shall  receive  for  his 
services  the  same  compensation  and  the  same  mileage  as  shall  then 
be  annually  payable  to  the  members  of  the  Assembly.  A  majority 


310  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

of  the  convention  shall  constitute  a  quorum,  for  the  transaction  of 
business,  and  no  amendment  to  the  Constitution  shall  be  submitted 
for  approval  to  the  electors  as  hereinafter  provided,  unless  by  the 
assent  of  a  majority  of  all  the  delegates  elected  to  the  convention, 
the  yeas  and  nays  being  entered  on  the  journal  to  be  kept.  The 
convention  shall  have  the  power  to  appoint  such  officers,  employees 
and  assistants  as  it  may  deem  necessary,  and  fix  their  compensa- 
tion and  to  provide  for  the  printing  of  its  documents,  journal  and 
proceedings.  The  convention  shall  determine  the  rules  of  its  own 
proceedings,  choose  its  own  officers,  and  be  the  judge  of  the  elec- 
tion, returns  and  qualifications  of  its  members.  In  case  of  a 
vacancy,  by  death,  resignation  or  other  cause,  of  any  district  dele- 
gate elected  to  the  convention,  such  vacancy  shall  be  filled  by  a 
vote  of  the  remaining  delegates  representing  the  district  in  which 
such  vacancy  occurs.  If  such  vacancy  occurs  in  the  office  of  a 
delegate-at-large,  such  vacancy  shall  be  filled  by  a  vote  of  the 
remaining  delegates-at-large.  Any  proposed  constitution  or  con- 
stitutional amendment  which  shall  have  been  adopted  by  such  con- 
vention, shall  be  submitted  to  a  vote  of  the  electors  of  the  state 
at  the  time  and  in  the  manner  provided  by  such  convention,  at  an 
election  which  shall  be  held  not  less  than  six  [weeks]  months 
after  the  adjournment  of  such  convention.  Upon  the  approval  of 
such  constitution  or  constitutional  amendments,  in  the  manner 
provided  in  the  last  preceding  section,  such  constitution  or  con- 
stitutional amendment,  shall  go  into  effect  on  the  first  day  of 
January  next  after  such  approval. 

1909.     S.  No.  1308  (Int.  1034). 
S.  J.  880. 

3.     Biennial   sessions   of   legislature  —  terms   and   apportionment   of  legis- 
lators 

Art.  3,  §  2.  The  senate  shall  consist  of  fifty  members,  except 
as  hereinafter  provided.  [The  senators  elected  in  the  year  [one 
thousand  eight]  eighteen  hundred  and  ninety-five  shall  hold  their 
offices  for  three  years,  and  their  successors  shall  be  chosen  for  two 
years.]  The  assembly  shall  consist  of  one  hundred  and  fifty 
members,  [who  shall  be  chosen  for  one  year.]  Senators  shall  be 
chosen  for  four  years,  and  members  of  the  assembly  for  two  years. 

Art.  4,  §  3.  The  governor  and  lieutenant-governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the  assem- 
bly. The  persons  respectively  having  the  highest  number  of  votes 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       311 
Composite  Amendments 

for  governor  and  lieutenant-governor  shall  be  elected;  but  in  case 
two  or  more  shall  have  an  equal  and  [the]  highest  number  of 
votes  for  governor,  or  for  lieutenant-governor,  the  two  houses  of 
the  legislature  at  its  next  regular  [annual]  session  shall  forthwith, 
by  joint  ballot,  choose  one  of  the  said  persons  so  having  an  equal 
and  the  highest  number  of  votes,  for  governor  or  lieutenant- 
governor. 

Art.  10,  §  6.  The  political  year  and  legislative  term  shall  begin 
on  the  first  day  of  January.  [;  and  the]  The  legislature  shall 
[every  year]  assemble  on  the  first  Wednesday  in  January[.]  in 
the  year  nineteen  hundred  and  six  and  in  the  year  nineteen  hun- 
dred and  seven,  and  thereafter  biennially  on  the  same  day.  It 
shall  also  assemble  on  the  same  day  in  the  year  next  following  the 
return  of  an  enumeration  of  the  inhabitants  of  the  state  under  the 
constitution,  for  the  purpose  only  of  making  an  apportionment  of 
senators  and  members  of  the  assembly;  and  each  session,  for  that 
purpose,  shall  be  deemed  a  regular  session. 

1904.     A.  No.  1201  (Int.  963). 

A.  J.  863. 

*1905.     A.  No.  476  (Int.  446). 
A.  J.  224. 

4.     Biennial  sessions  of  legislature  —  terms  and  salaries  of  legislators  — 
appropriations  —  apportionment 

Art.  3,  §  2.  [The  senate  shall  consist  of  fifty  members,  except  as 
hereinafter  provided.  The  senators  elected  in  the  year  eighteen 
hundred  and  ninety-five  shall  hold  their  f officers  for  three  years, 
and  their  successors  shall  be  chosen  for  two  years.  The  assembly 
shall  consist  of  one  hundred  and  fifty  members,  who  shall  be  chosen 
for  one  year.]  The  senate  shall  consist  of  fifty  members,  except  as 
hereinafter  provided.  The  assembly  shall  consist  of  one  hundred 
and  fifty  members.  Senators  shall  be  chosen  for  four  years  and 
members  of  the  assembly  for  two  years. 

Art.  3,  §  6.  Each  member  of  the  legislature  shall  receive  for 
his  services  an  annual  salary  of  one  thousand  [five  hundred]  dol- 
lars. The  members  of  either  house  shall  also  receive  the  sum  of 
one  dollar  for  every  ten  miles  they  shall  travel  in  going  to  and 
returning  from  their  place  of  meeting,  once  in  each  session,  on  the 

*  This  amendment  is  identical  with  A.  No.  1201  introduced  in  1904  except 
that  in  amending  Art.  10,  $  6,  it  gives  later  years  for  the  first  and  second 
sessions  of  the  legislature  after  the  adoption  of  the  amendment. 

t  So  in  original. 


312  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

most  usual  route.  Senators,  when  the%  senate  alone  is  convened  in 
extraordinary  session,  or  when  serving  as  members  of  the  court  for 
the  trial  of  impeachments,  and  such  members  of  the  assembly,  not 
exceeding  nine  in  number,  as  shall  be  appointed  managers  of  an 
impeachment,  shall  receive  an  additional  allowance  of  ten  dollars 
a  day. 

Art.  3,  §  22.  [No  provision  or  enactment  shall  be  embraced  in 
the  annual  appropriation  or  supply  bill,  unless  it  relates  specifically 
to  some  particular  appropriation  in  the  bill;  and  any  such  pro- 
vision or  enactment  shall  be  limited  in  its  operation  to  such  ap- 
propriation.] A  general  'bill  making  appropriations  for  the  sup- 
port  of  government,  or  a  supply  bill,  shall  not  embrace  any  pro- 
vision or  enactment  which  does  not  specifically  relate  to  some 
particular  item  in  the  bill;  and  any  such  provision  or  enactment 
shall  be  limited  in  its  operation  to  such  appropriation. 

Art.  4,  §  3.  The  governor  and  lieutenant-governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the  assem- 
bly. The  persons  respectively  having  the  highest  number  of  votes 
for  governor  and  lieutenant-governor  shall  be  elected;  but  in  case 
two  or  more  shall  have  an  equal  and  the  highest  number  of  votes 
for  governor,  or  for  lieutenant-governor,  the  two  houses  of  the 
legislature  at  its  next  regular  [annual]  session  shall  forthwith,  by 
joint  ballot,  choose  one  of  the  said  persons  so  having  an  equal  and 
the  highest  number  of  votes,  for  governor  or  lieutenant-governor. 

Art.  10,  §  6.  The  political  year  and  legislative  term  shall  begin 
on  the  first  day  of  January ;  [and  the  legislature  shall,  every  year, 
assemble  on  the  first  Wednesday  in  January.]  The  legislature 
shall  assemble  on  the  first  Wednesday  of  January  in  the  year 
nineteen  hundred,  and  in  the  year  nineteen  hundred,  and  one,  and 
thereafter  biennially  on  the  same  day.  It  shall  also  assemble  on 
the  same  day  in  the  year  next  following  the  return  of  an  enumer- 
ation of  the  inhabitants  of  the  state  under  this  constitution,  for 
the  purpose,  only,  of  making  an  apportionment  of  senators  and 
members  of  the  assembly;  and  such  session,  for  that  purpose,  shall 
be  deemed  a  regular  session. 

1898.  S.  No.  504  (Int.  182).    To  Sec.  of  State. 

S.  J.  81,  166,  266,  312,  324,  344,  346,  654. 
A.  J.  679,  716,  763,  771,  951,  978. 

1899.  S.  No.  5  (Int.  5).     (Same  as  A.  No.  7.) 

A.  J.  34,  454,  844,  929. 
A.  No.  7  (Int.  7).     (Same  as  S.  No.  5.) 
A.  J.  43. 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,   1895-1914       313 
Composite  Amendments 

Art.  3,  §  2.  [The  senate  shall  consist  of  fifty  members,  except 
as  hereinafter  provided.  The  senators  elected  in  the  year  eighteen 
hundred  and  ninety-five  shall  hold  their  offices  for  three  years, 
and  their  successors  shall  be  chosen  for  two  years.  The  assembly 
shall  consist  of  one  hundred  and  fifty  members,  who  shall  be 
chosen  for  one  year.]  The  senate  shall  consist  of  fifty  members, 
except  as  hereinafter  provided.  The  assembly  shall  consist  of  one 
hundred  and  fifty  members.  Senators  shall  be  chosen  for  four 
years,  and  members  of  the  assembly  for  two  years. 

Art.  3,  §  6.  [Each  member  of  the  legislature  shall  receive  for 
his  services  an  annual  salary  of  one  thousand  five  hundred  dol- 
lars.] Each  senator  shall  be  entitled  to  receive  three  thousand 
dollars,  and  each  member  of  the  assembly,  fifteen  hundred  dollars, 
as  compensation  for  his  services  for  a  full  term,  except  that  when 
convened  in  extraordinary  session  by  the  governor,  they  shall  each 
receive  ten  dollars  per  day,,  but  not  to  exceed  in  the  aggregate  five 
hundred  dollars  to  each  member  for  such  per  diem  allowance  at 
one  extraordinary  session.  The  members  of  either  house  shall 
also  receive  the  sum  of  one  dollar  for  every  ten  miles  they  shall 
travel  in  going  to  and  returning  from  [their]  the  place  of  meet- 
ing, once  in  each  session,  on  the  most  usual  route.  Senators,  when 
the  senate  alone  is  convened  in  extraordinary  session,  or  when 
serving  as  members  of  the  court  for  the  trial  of  impeachments, 
and  such  members  of  the  assembly,  not  exceeding  nine  in  number, 
as  shall  be  appointed  managers  of  an  impeachment,  shall  receive 
an  additional  allowance  of  ten  dollars  a  day. 

Art.  3,  §  22.  [No  provision  or  enactment  shall  be  embraced  in 
the  annual  appropriation  or  supply  bill,  unless  it  relates  specifi- 
cally to  some  particular  appropriation  in  the  bill;  and  any  such 
provision  or  enactment  shall  be  limited  in  its  operation  to  such 
appropriation.]  A  general  bill  making  appropriations  for  the 
support  of  government,  or  a  supply  bill,  shall  not  embrace  any 
provision  or  enactment  which  does  not  specifically  relate  to  some 
particular  item  in  the  bill  and  any  such  provision  or  enactment 
shall  be  limited  in  its  operation  to  such  appropriation. 

Art.  4,  §  3.  The  governor  and  lieutenant-governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the  as- 
sembly. The  persons  respectively  having  the  highest  number  of 
votes  for  governor  and  lieutenant-governor  shall  be  elected ;  but 
in  case  two  or  more  shall  have  an  equal  and  the  highest  number 


314  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

of  votes  for  governor  or  for  lieutenant-governor,  the  two  houses 
of  the  legislature  at  its  next  [annual]  regular  session  shall  forth- 
with, by  joint  ballot,  choose  one  of  the  said  persons  so  having  an 
equal  and  the  highest  number  of  votes,  for  governor  or  lieutenant- 
governor. 

Art.  10,  §  6.  The  political  year  and  legislative  term  shall  begin 
on  the  first  day  of  January.  [;  and  the  legislature  shall,  every 
year,  assemble  on  the  first  Wednesday  in  January.]  The  legis- 
lature shall  assemble  on  the  first  Wednesday  of  January  in  the 
year  nineteen  hundred,  and  in  the  year  nineteen  hundred  and  one, 
and  thereafter  biennially  on  the  same  day.  It  shall  also  assemble 
on  the  same  day  in  the  year  next  following  the  return  of  an  enu- 
meration of  the  inhabitants  of  the  state  under  this  constitution, 
for  the  purpose  of  making  an  apportionment  of  senators  and  mem- 
bers of  the  assembly;  and  such  session,  for  that  purpose,  shall  be 
deemed  a  regular  session. 

1898.     A.  No.  760  (Int.  300). 

A.  J.  119,  425,  482,  493. 

5.    Biennial  sessions  of  legislature  —  United  States  deposit  fund 

Art.  3,  §  2.  The  senate  shall  consist  of  fifty  members,  except 
as  hereinafter  provided.  The  senators  elected  in  the  year  one 
thousand  eight  hundred  and  ninety-five  shall  hold  their  offices  for 
three  years,  and  their  successors  shall  be  chosen  for  two  years. 
The  assembly  shall  consist  of  one  hundred  and  fifty  members  who, 
beginning  with  the  year  nineteen  hundred,  shall  be  chosen  for 
[one]  two  years. 

Art  4,  §  3.  The  Governor  and  Lieutenant-Governor  shall  be 
elected  at  the  time  and  places  of  choosing  members  of  the  [As- 
sembly] Legislature.  The  persons  respectively  having  the  highest 
number  of  votes  for  Governor  and  Lieutenant-Governor  shall  be 
elected;  but  in  case  two  or  more  shall  have  an  equal  and  the 
highest  number  of  votes  for  Governor,  or  for  Lieutenant-Governor, 
the  two  houses  of  the  Legislature  at  its  next  [annual]  session  shall 
forthwith,  by  joint  ballot,  choose  one  of  the  said  persons  so  having 
an  equal  and  the  highest  number  of  votes  for  Governor  or  Lieu- 
tenant-Governor. 

Art.  4,  §  5.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction,  for  all  offenses  except 
treason  and  cases  of  impeachment,  upon  such  conditions  and  with 
such  restrictions  and  limitations  as  he  may  think  proper,  subject  to 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       315 
Composite  Amendments 

such  regulations  as  may  be  provided  by  law  relative  to  the  manner 
of  applying  for  pardons.  Upon  convictions  for  treason,  he  shall 
have  power  to  suspend  the  execution  of  the  sentence,  until  the  case 
shall  be  reported  to  the  Legislature  at  its  next  meeting,  when  the 
Legislature  shall  either  pardon  or  commute  the  sentence,  direct  the 
execution  of  the  sentence,  or  grant  a  further  reprieve.  He  shall 
[annually]  at  each  session  conimunicate  to  the  Legislature  each 
case  of  reprieve,  commutation  or  pardon  granted,  stating  the  name 
of  the  convict,  the  crime  of  which  he  was  convicted,  the  sentence 
and  its  date,  and  the  date  of  the  commutation,  pardon  or  reprieve. 

Art.  7,  §  9.  Xo  tolls  shall  hereafter  be  imposed  on  persons  or 
property  transported  on  [the]  canals,  but  all  boats  navigating  the 
canals,  and  the  owners  and  masters  thereof  shall  be  subject  to  such 
laws  and  regulations  as  have  been  or  may  hereafter  be  enacted  con- 
cerning the  navigation  of  the  canals.  The  Legislature  shall 
[annually]  at  each  session,  by  equitable  taxes,  make  provision 
for  the  expenses  of  the  [superintendence]  superintendent  and 
repairs  of  the  canals.  All  contracts  for  work  or  materials  on  any 
canals  shall  be  made  with  the  persons  who  shall  offer  to  do  or 
provide  the  same  at  the  lowest  price,  with  adequate  security  for 
their  performance.  No  extra  compensation  shall  be  made  [to] 
any  contractor;  but  if,  from  any  unforeseen  cause,  the  terms  of 
any  contract  shall  prove  to  be  unjust  and  oppressive,  the  canal 
board  may,  upon  the  application  of  the  contractor,  cancel  such 
contract. 

Art.  9,  §  3.  The  capital  of  the  common  school  fund,  the  capital 
of  the  literature  fund,  and  the  capital  of  the  United  States  deposit 
fund  shall  be  respectively  preserved  inviolate.  The  revenue  of  the 
said  common  school  fund  shall  be  applied  to  the  support  of  com- 
mon schools;  the  revenue  of  the  said  literature  fund  shall  be  ap- 
plied to  the  support  of  academies;  and  the  sum  of  [twenty-five 
thousand]  fifty  thousand  dollars  of  the  revenues  of  the  United 
State  deposit  fund  shall  [each  year]  at  each  session  of  the  Legis- 
lature be  appropriated  to  and  mode  part  of  the  capital  of  the 
said  common  school  fund. 

Art.  10,  §  6.  The  political  year  and  legislative  term  shall  begin 
on  the  first  day  of  January ;  and  the  Legislature  shall  [every  year] 
assemble  on  the  first  Wednesday  in  January,  in  the  year  one  thou- 
sand nine  hundred  and. one,  and  on  the  first  Wednesday  in  Janu- 
ary in  every  second  year  thereafter.  The  Legislature  shall  hold 


316  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

no  session  but  its  regular  biennial  sessions,  unless  convened  by  the 
Governor  in  extra  session  in  the  manner  provided  by  the  Consti- 
tution; and  the  Legislature  shall  not  hold  any  adjourned  session. 

1897.     S.  No.  1072  (Int.  882). 
S.  J.  645. 

6.     Single  legislative  body 

Art.  3,  §  1.  The  legislative  powers  of  this  state  shall  be  vested 
in  [the  senate  and  assembly.]  one  legislative  governing  body,  to 
be  constituted  as  hereinafter  provided,  to  be  called  the  legislature. 

Art.  3,  §  2.  [The  senate  shall  consist  of  fifty  members,  except 
as  hereinafter  provided.  The  senators  elected  in  the  year  one  thou- 
sand eight  hundred  and  ninety-five  shall  hold  their  offices  for  three 
years,  and  their  successors  shall  be  chosen  for  two  years.  The  as- 
sembly shall  consist  of  one  hundred  and  fifty  members,  who  shall 
be  chosen  for  one  year.]  The  senators  and  assemblymen  chosen 
at  the  election  'at  which  this  amendment  is  adopted,  shall  consti- 
tute the  legislature  for  the  year  beginning  on  the  first  day  of  Jan- 
uary following  the  adoption  of  such  amendment.  The  first  elec- 
tions of  members  of  the  legislature,  as  constituted  hereunder, 
shall  occur  at  the  general  election  in  the  year  following  the  adop- 
tion of  this  amendment,  and  they  shall  hold  office  for  the  term  of 
two  years  from  the  first  day  of  January  following  their  election. 
The  state  legislature,  except  as  hereinabove  otherwise  provided, 
shall  hereafter  be  constituted  by  the  election  of  one  member  from 
each  congressional  district.  All  provisions  of  this  constitution 
referring  to  the  legislature,  its  powers  or  duties,  shall  apply  to 
'the  legislature  as  thus  constituted,  except  that  any  provision  re- 
quiring or  permitting  concurrent  action  of  the  senate  and  assem- 
bly, by  resolution  or  otherwise,  in  any  matter,  shall  hereafter  be 
deemed  to  confer  the  authority  or  impose  the  duty  to  which  such 
provision  relates  upon  the  legislature;  and  in  like  manner  any 
power  or  duty  conferred  by  this  constitution  on  either  branch  of 
the  legislature  as  heretofore  constituted  shall  hereafter  be  deemed 
to  confer  such  power  or  impose  such  duty  on  the  legislature  as 
hereinabove  constituted. 

Art.  3,  §  5.  (This  concurrent  resolution  also  included  a  pro- 
posal to  repeal  this  section.) 

Art,  3,  §  4.  An  enumeration  of  the  inhabitants  of  the  state 
shall  be  taken  under  the  direction  of  the  secretary  of  state,  during 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       317 
Composite  Amendments 

the  months  of  May  and  June,  in  the  year  one  thousand  nine  hun- 
dred and  five,  and  in  the  same  months  every  tenth  year  there- 
after.£  ;  and  the  said  districts  shall  be  so  altered  by  the  legislature 
at  the  first  regular  session  after  the  return  of  every  enumeration, 
that  each  senate  district  shall  contain  as  nearly  as  may  be  an 
equal  number  of  inhabitants,  excluding  aliens,  and  be  in  as  com- 
pact form  as  practicable,  and  shall  remain  unaltered  until  the 
return  of  another  enumeration,  and  shall  at  all  times,  consist  of 
contiguous  territory,  and  no  county  shall  be  divided  in  the  forma- 
tion of  a  senate  district  except  to  make  two  or  more  senate  dis- 
tricts wholly  in  such  county.  ISTo  town,  and  no  block  in  a  city 
inclosed  by  streets  or  public  ways,  shall  be  divided  in  the  forma- 
tion of  senate  districts;  nor  shall  any  district  contain  a  greater 
excess  in  population  over  an  adjoining  district  in  the  same  county, 
than  the  population  of  a  town  or  block  therein,  adjoining  such  dis- 
trict. Counties,  towns  or  blocks  which,  from  their  location,  may 
be  included  in  either  of  two  districts,  shall  be  so  placed  as  to  make 
said  districts  most  nearly  equal  in  number  of  inhabitants,  ex- 
cluding aliens. 

~No  county  shall  have  four  or  more  senators  unless  it  shall  have 
a  full  ratio  for  each  senator.  Xo  county  shall  have  more  than  one- 
third  of  all  the  senators;  and  no  two  counties  or  the  territory 
thereof  as  now  organized,  which  are  adjoining  counties,  or  which 
are  separated  only  by  public  waters,  shall  have  more  than  one-half 
of  all  the  senators. 

The  ratio  for  apportioning  senators  shall  always  be  obtained 
by  dividing  the  number  of  inhabitants,  excluding  aliens,  by  fifty, 
and  the  senate  shall  always  be  composed  of  fifty  members,  except 
that  if  any  county  having  three  or  more  senators  at  the  time  of 
any  apportionment  shall  be  entitled  on  such  ratio  to  an  additional 
senator  or  senators,  such  additional  senator  or  senators  shall  be 
given  to  such  county  in  addition  to  the  fifty  senators,  and  the 
whole  number  of  senators  shall  be  increased  to  that  extent.] 

Art.  3,  §  5.  (This  concurrent  resolution  also  included  a  pro- 
posal to  repeal  this  section.) 

Art.  14,  §  1.  Any  amendment  or  amendments  to  this  constitution 
may  be  proposed  in  the  [senate  and  assembly]  legislature ;  and  if 
the  same  shall  be  agreed  to  by  a  majority  of  the  members  elected 
[to  each  of  the  two  houses]  to  the  legislature,  such  proposed  amend- 
ment or  amendments  shall  be  entered  on  [their]  its  journal[s], 


318  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

and  the  yeas  and  nays  taken  thereon,  and  referred  to  the  legisla- 
ture to  be  chosen  at  the  next  general  election  [of  senators,]  and 
shall  be  published  for  three  months  previous  to  the  time  of  making 
such  choice ;  and  if  in  the  legislature  so  next  chosen,  as  aforesaid, 
such  proposed  amendment  or  amendments  shall  be  agreed  to  by  a 
majority  of  all  the  members  elected  [to  each  house]  thereto,  then 
it  shall  be  the  duty  of  the  legislature  to  submit  each  proposed 
amendment  or  amendments  to  the  people  for  approval  in  such  man- 
ner and  at  such  times  as  the  legislature  shall  prescribe;  and 
if  the  people  shall  approve  and  ratify  such  amendment  or  amend- 
ments by  a  majority  of  the  electors  voting  thereon,  such  amend- 
ment or  amendments  shall  become  a  part  of  the  constitution  from 
and  after  the  first  day  of  January  next  after  such  approval. 

Art.  14,  §  2.  At  the  general  election  to  be  held  in  the  year  one 
thousand  nine  hundred  and  sixteen  and  every  twentieth  year  there- 
after, and  also  at  such  times  as  the  legislature  may  by  law  provide, 
the  question,  "  Shall  there  be  a  convention  to  revise  the  constitu- 
tion and  amend  the  same  ?  "  shall  be  decided  by  the  electors  of  the 
state;  and  in  case  a  majority  of  the  electors  voting  thereon  shall 
decide  in  favor  of  a  convention  for  such  purpose,  the  electors  of 
every  [senate]  congressional  district  of  the  state,  as  then  organ- 
ized, shall  elect  three  delegates  at  the  next  ensuing  general  election 
[at  which  members  of  the  Assembly  shall  be  chosen],  and  the 
electors  of  the  state  voting  at  the  same  election  shall  elect  fifteen 
delegates-at-large.  The  delegates  so  elected  shall  convene  at  the 
capitol  on  the  first  Tuesday  of  April  next  ensuing  after  their  elec- 
tion, and  shall  continue  their  session  until  the  business  of  such 
convention  shall  have  been  completed.  Every  delegate  shall  receive 
for  his  services  the  same  compensation  and  the  same  mileage  as 
shall  then  be  annually  payable  to  the  members  of  the  [assembly] 
legislature.  A  majority  of  the  convention  shall  constitute  a  quorum 
for  the  transaction  of  business,  and  no  amendment  to  the  constitu- 
tion shall  be  submitted  for  approval  to  the  electors  as  hereinafter 
provided,  unless  by  the  assent  of  a  majority  of  all  the  delegates 
elected  to  the  convention,  the  yeas  and  nays  being  entered  on  the 
journal  to  be  kept.  The  convention  shall  have  the  power  to  appoint 
such  officers,  employees  and  assistants  as  it  may  deem  necessary, 
and  fix  their  compensation  and  to  provide  for  the  printing  of  its 
documents,  journal  and  proceedings.  The  convention  shall  deter- 
mine the  rules  of  its  own  proceedings,  choose  its  own  officers,  and 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       319 
Composite  Amendments 

be  the  judge  of  the  election,  returns  and  qualifications  of  its  mem- 
bers. In  case  of  a  vacancy,  by  death,  resignation  or  other  causb, 
of  any  district  delegate  elected  to  the  convention,  such  vacancy 
shall  be  filleo^  by  a  vote  of  the  remaining  delegates  representing  the 
district  in  which  such  vacancy  occurs.  If  such  vacancy  occurs  in 
the  office  of  a  delegate-at-large,  such  vacancy  shall  be  filled  by  a 
vote  of  the  remaining  delegates-at-large.  Any  proposed  constitu- 
tion or  constitutional  amendment  which  shall  have  been  adopted 
by  such  convention,  shall  be  submitted  to  a  vote  of  the  electors  of 
the  state  at  the  time  and  in  the  manner  provided  by  such  conven- 
tion, at  an  election  which  shall  be  held  not  less  than  six  weeks 
after  the  adjournment  of  such  convention.  Upon  the  approval  of 
such  constitution  or  constitutional  amendments,  in  the  manner 
provided  in  the  last  preceding  section,  such  constitution  or  con- 
stitutional amendment,  shall  go  into  effect  on  the  first  day  of  Jan- 
uary next  after  such  approval. 

1914.     A.  No.  1465  (Int.  1320). 
A.  J.  866. 

7.     Terms  and  salaries  of  members  of  legislature,  governor  and  lieutenant- 
governor  —  short  ballot 

Art.  3,  §  2.  The  senate  shall  consist  of  fifty  members,  except 
as  hereinafter  provided.  [The  senators  elected  in  the  year  one 
thousand  eight  hundred  and  ninety-five  shall  hold  their  offices  for 
three  years,  and  their  successors  shall  be  chosen  for  two  years.] 
The  senators  elected  in  the  year  one  thousand  nine  hundred  and 
fourteen,  shall  hold  their  offices  for  two  years,  and  their  suc- 
cessors shall  be  chosen  for  four  years.  The  assembly  shall  con- 
sist of  one  hundred  and  fifty  members,  who  shall  be  chosen  for 
[one]  two  years[.]  at  the  general  election  in  the  year  nineteen 
hundred  and  sixteen. 

Art.  3,  §  6.  Each  member  of  the  legislature  shall  receive  for  his 
services  an  annual  salary  of  [one  thousand  five]  twenty-five  hun- 
dred dollars.  Members  of  either  house  shall  also  receive  the 
sum  of  one  dollar  for  every  ten  miles  they  shall  travel  in  going 
to  and  returning  from  their  place  of  meeting,  once  in  each  session, 
on  the  most  usual  route[.],  senators,  when  the  senate  alone  is 
convened  in  extraordinary  session,  or  when  serving  as  members 
of  the  court  for  the  trial  of  impeachments,  and  such  members 
of  the  assembly,  not  exceeding  nine  [in  number]  members,  as 


320  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

shall  be  appointed  managers  of  an  impeachment,  shall  receive  an 
additional  allowance  of  ten  dollars  a  day. 

Art.  4,  §  1.  The  executive  power  shall  be  vested  in  a  governor, 
who  shall  hold  his  office  for  [two]  four  years;  a  lieutenant-gov- 
ernor shall  be  chosen  at  the  same  time  and  for  the  same  term.  The 
governor  and  lieutenant-governor  elected  next  preceding  the  time 
when  this  section  shall  take  effect,  shall  hold  office  [until]  to  and 
including  the  thirty-first  day  of  December,  [one  thousand  eight 
hundred  and  ninety-six]  one  thousand  nine  hundred  and  sixteen, 
and  their  successors  shall  be  chosen  at  the  general  election  in  that 
year[.]  for  the  term  of  four  years. 

Art.  4,  §  4.  The  governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  state.  He  shall  have  power  to  con- 
vene the  legislature,  or  the  senate  only,  on  extraordinary  occasions. 
At  extraordinary  sessions  no  subject  shall  be  acted  upon,  except 
such  as  the  governor  may  recommend  for  consideration.  He  shall 
communicate  by  message  to  the  legislature  at  every  session  the 
condition  of  the  state,  and  recommend  such  matters  to  it  as  he  shall 
judge  expedient.  He  shall  transact  all  necessary  business  with 
the  officers  of  government,  civil  and  military.  He  shall  expedite 
all  such  measures  as  may  be  resolved  upon  by  the  legislature,  and 
shall  take  care  that  the  laws  are  faithfully  executed.  He  may  at 
any  tim,e  remove  from  office  any  state  officer  appointed  by  a  gov- 
ernor of  the  state  or  by  the  head  of  any  state  department,  bureau 
or  commission,  other  than  a  judicial  officer  or  an  officer  appointed 
by  the  legislature  or  by  either  house  thereof,  the  method  of  whose 
removal  is  not  elsewhere  prescribed  in  this  constitution;  but  un- 
less he  be  authorized  by  law  to  remove  any  such  officer  at  his 
pleasure,  the  governor  shall  in  each  case  give  to  the  officer  re- 
moved a  statement  in  writing  of  the  reasons  for  his  removal  and 
an  opportunity  to  be  heard  in  his  own  behalf.  He  shall  receive 
for  his  services  an  annual  salary  of  [ten]  twenty  thousand  dol- 
lars and  there  shall  be  provided  for  his  use  a  suitable  and  fur- 
nished executive  residence. 

Art.  5,  §  1.  The  secretary  of  state,  comptroller,  treasurer, 
attorney-general,  [and]  state  engineer  and  surveyor,  superin- 
tendent of  public  works  and  superintendent  of  state  prisons  shall 
be  [chosen  at  a  general  election,  at  the  times  and  places  of  elect- 
ing the  governor  and  lieutenant-governor  and  shall  hold  their 
offices  for  two  years,  except  as  provided  in  section  two  of  this 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       321 
Composite  Amendments 

article.]  appointed  by  the  governor  and  shall  hold  their  offices 
during  the  governor  s  pleasure.  Each  of  the  officers  [in  this  arti- 
cle] named[,  excepting  the  speaker  of  the  assembly,]  in  this 
section  shall,  at  stated  times  [during  his  continuance  in  office], 
receive  for  his  services  a  compensation  which  shall  not  be  in- 
creased or  diminished  during  [the  term  for  which  he  shall  have 
been  elected]  his  continuance  in  office,  and  shall  give  security  in 
such  amount,  and  with  such  sureties,  as  shall  be  required  by  law 
for  the  faithful  discharge  of  his  duties;  nor  shall  he  receive  to 
his  use  any  fees  or  perquisites  of  office  or  other  compensation. 
No  person  shall  be  [elected]  appointed  to  the  office  of  state  en- 
gineer and  surveyor  who  is  not  a  practical  civil  engineer. 

Art.  5,  §  2.  The  first  [election  of  the  secretary  of  state,  comp- 
troller, treasurer,  attorney-general  and  state  engineer  and  sur- 
veyor,] appointment,  pursuant  to  this  article,  of  the  officers  named 
in  section  one  thereof  shall  be  [held  in  the  year  one  thousand 
eight  hundred  and  ninety-five,  and  their  terms  of  office  shall  begin 
on  the  first  day  of  January,  following,  and  shall  be  for  three 
years.  At  the  general  election  in  the  year  one  thousand  eight 
hundred  and  ninety-eight,  and  every  two  years  thereafter,  their 
successors  shall  be  chosen  for  the  term  of  two  years.]  made  by 
the  governor  chosen  at  the  general  election  in  the  year  nineteen 
hundred  and  sixteen,  but  the  superintendent  of  state  prisons  who 
shall  be  in  office  on  the  first  day  of  January  in  the  year  nineteen 
hundred  and  seventeen  shall,  unless  sooner  removed  by  the  gover- 
nor, hold  office  for  the  full  term  of  which  he  shall  have  been  ap- 
pointed. 

(This  concurrent  resolution  also  included  a  proposal  to  repeal 
§  3,  4  and  7  of  Art.  5,  and  to  renumber  §§  5,  6,  8  and  9  as 
§§  3,  4,  5,  and  6,  respectively.) 

Art.  8,  §  12.  The  members  of  the  said  board  and  of  the  said 
commissions  shall  be  appointed  by  the  governor [,  by  and  with 
the  advice  and  consent  of  the  senate] ;  and  any  member  may  be 
removed  from  office  by  the  governor  [for  cause],  a  statement  in 
writing  having  been  furnished  him  of  the  reasons  for  his  removal 
and  an  opportunity  having  been  given  him  to  be  heard  in  his 
[defense]  own  behalf. 

Art.  10,  §  9.  No  officer  wThose  salary  is  fixed  by  the  constitu- 
tion shall  receive  any  additional  compensation.  Each  of  the 
other  state  officers  named  in  the  constitution  who  shall  have  been 


322  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

appointed  or  elected  for  a  fixed  term  shall,  during  his  continuance 
in  office,  receive  a  compensation  to  be  fixed  by  law,  which  shall 
not  be  increased  or  diminished  during  the  term  for  which  he  shall 
have  been  elected  or  appointed ;  nor  shall  he  receive  to  his  use  any 
fees  or  perquisites  of  office  or  other  compensation. 

Art.  11,  §  4.  The  governor  shall  appoint  the  chiefs  of  the  sev- 
eral staff  departments,  his  aides-de-camp  and  military  secretary, 
all  of  whom  shall  hqld  office  during  his  pleasure,  their  commis- 
sions to  expire  with  the  term  for  which  the  governor  shall  have 
been  elected ;  he  shall  also  [nominate,  and  with  the  consent  of  the 
senate]  appoint[,]  all  major-generals. 

Art.  11,  §  6.  The  commissioned  officers  shall  be  commissioned 
by  the  governor  as  commander-in-chief .  No  commissioned  officer 
shall  be  removed  from  office  during  the  term  for  which  he  shall 
have  been  appointed  or  elected,  unless  [by  the  senate  on  the 
recommendation  of  the  governor  stating  the  grounds  on  which 
such  removal  is  recommended,  or]  by  the  sentence  of  a  court- 
martial,  or  upon  the  findings  of  an  examination  [examining] 
board  organized  pursuant  to  law,  or  for  absence  without  leave  for 
a  period  of  six  months  or  more. 

1914.     A.  No.  828  (Int.  786). 
A.  J.  364. 

8.     Short  ballot 

Art.  5,  §  1.  The  secretary  of  state,  [comptroller,]  treasurer, 
attorney-general  and  state  engineer  and  surveyor  shall  be  [chosen 
at  a  general  election  at  the  times  and  places  of  electing  the  gov- 
ernor and  lieutenant-governor,  and  shall  hold  their  offices  for  two 
years,  except  as  provided  in  section  two  of  this  article.]  appointed 
by  the  governor  and  shall  hold  their  offices  during  the  governor's 
pleasure.  Each  of  the  officers  in  this  article  named,  excepting 
the  speaker  of  the  assembly,  shall,  at  stated  times  [during  his  con- 
tinuance in  office],  receive  for  his  services  a  compensation  which 
shall  not  be  [increased  or]  diminished  during  [the  term  for 
which  he  shall  have  been  elected ;]  his  continuance  in  office;  nor 
shall  he  receive  to  his  use  any  fees  or  perquisites  of  office  or  other 
compensation.  ~No  person  shall  be  [elected]  appointed  to  the 
office  of  state  engineer  and  surveyor  who  is  not  a  practical  civil 
engineer. 

Art.  5,  §  2.  (Proposal  to  add  the  following  new  section  in  place 
of  section  2:)  The  comptroller  shall  be  appointed  by  the  gov- 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       323 
Composite  Amendments 

ernor,  and  shall  hold  his  office  during  good  behavior.  He  may  be 
removed  by  the  governor  for  reasonable  cause,  or  upon  address  to 
the  governor  by  a  majority  of  all  the  members  elected  to  each 
house  of  the  legislature;  but  before  such  removal  by  the  governor 
for  cause,  or  at  least  ten  days  before  any  vote  upon  such  address, 
he  shall  be  served  with  a  copy  of  the  charges  against  him,  and 
granted  an  opportunity  of  being  publicly  heard  thereon;  and  the 
vote  upon  any  such  address  shall  be  taken  by  yeas  and  nays  and 
entered  upon  the  journal  of  each  house.  The  comptroller  and  the 
treasurer  shall,  before  entering  upon  the  duties  of  their  respect- 
ive offices,  give  security  in  such  amount,  and  with  such  sureties, 
as  shall  be  required  by  law  for  the  faithful  discharge  of  their 
respective  duties. 

Art.  5,  §  [2]  3.  The  first  [election]/  appointment  of  the 
secretary  of  state,  comptroller,  treasurer,  attorney-general  and 
state  engineer  and  surveyor,  pursuant  to  this  article,  shall  be 
[held  in  the  year  one  thousand  eight  hundred  and  ninety-five, 
and  their  terms  of  office  shall  begin  on  the  first  day  of  January 
following,  and  shall  be  for  three  years.  At  the  general  election 
in  the  year  one  thousand  eight  hundred  and  ninety-eight,  and 
every  two  years  thereafter,  their  successors  shall  be  chosen  for 
the  term  of  two  years.]  made  by  the  governor  chosen  at  the  gen- 
eral election  in  the  year  one  thousand  nine  hundred  and  twelve, 
and  they  shall  hold  their  offices  from  the  first  day  of  January- 
following  until  their  successors  shall  have  been  appointed  and 
qualified. 

(This  concurrent  resolution  also  included  a  proposal  to  repeal 
§  7  of  Art.  5  and  to  renumber  §§  3,  4,  5  and  6  as  §§  4,  5,  6  and 
1  respectively.) 

1910.     S.  No.  1400  (Int.  1092). 
S.  J.  1107. 

Art.  5,  §  1.  The  secretary  of  state,  [comptroller,]  treasurer, 
attorney-general  and  state  engineer  and  surveyor  shall  be  [chosen 
at  a  general  election  at  the  times  and  places  of  electing  the  gov- 
ernor and  lieutenant-governor  and  shall  hold  their  offices  for  two 
years,  except  as  provided  in  section  two  of  this  article.]  ap- 
pointed by  and  with  the  advice  and  consent  of  the  senate  and  each 
shall  hold  office  until  the  end  of  the  term  of  the  governor  by  whom 
he  was  nominated  and  until  his  successor  is  appointed  and  quali- 


324  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

fied.  The  comptroller  shall  be  chosen  at  a  general  election,  at  the 
times  and  places  of  electing  the  governor  and  lieutenant-governor, 
and  shall  hold  his  office  during  the  term  of  the  governor.  Each 
of  the  officers  in  this  article  named,  excepting  the  speaker  of  the 
assembly,  shall  at  stated  times  during  his  continuance  in  office, 
receive  for  his  services  a  compensation  which  shall  not  be  in- 
creased or  diminished  during  the  term  for  which  he  shall  have 
been  [elected]  appointed;  nor  shall  he  receive  to  his  use  any 
fees  or  perquisites  of  office  or  other  compensation.  No  person 
shall  be  [elected]1  appointed  to  the  office  of  state  engineer  and 
surveyor  who  is  not  a  practical  civil  engineer. 

Art.  5,  §  2.*  (This  concurrent  resolution  also  included  a  pro- 
posal to  repeal  this  section.) 

1910.  A.  No.  415  (Int.  395). 

A.  J.  167,  3263,  3273,  3329,  3397. 

1911.  A.  No.  207  (Int.  206). 

A.  J.  111. 

Art.  5,  §  1.  The  secretary  of  state,  [comptroller,]  treasurer, 
attorney-general  and  state  engineer  and  surveyor  shall  be  [chosen 
at  a  general  election,  at  the  time  and  places  of  electing  the  gover- 
nor and  lieutenant-governor,  and  shall  hold  their  office  for  two 
years,  except  as  provided  in  section  two  of  this  article.]  appointed 
by  the  governor  and  be  removable  at  his  pleasure,  and  unless 
sooner  removed  by  the  governor  each  shall  hold  his  office  until  the 
end  of  t]ie  term  of  the  governor  by  wlwm  he  was  appointed  and 
until  his  successor  is  appointed  and  qualified.  The  comptroller 
shall  be  chosen  at  a  general  election,  at  the  times  and  places  of 
electing  the  governor  and  lieutenant-governor,  and  shall  hold  his 
office  during  the  term  of  the  governor.  Each  of  the  officers  in  this 
article  named,  excepting  the  speaker  of  the  assembly,  shall,  at 
stated  times  during  his  continuance  in  office,  receive  for  his  serv- 
ices a  compensation  which  shall  not  be  increased  or  diminished 
during  the  term  for  which  he  shall  have  been  elected  or  ap- 
pointed; nor  shall  he  receive  to  his  use  any  fees  or  perquisites  of 
office  or  other  compensation.  No  person  shall  be  elected  or  ap- 
pointed to  the  office  of  state  engineer  and  surveyor  who  is  not  a 
practical  civil  engineer. 

*  For  Art.  5,  §  2,  see  p.  88. 


11]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       325 

Composite  Amendments 

Art.  5,  §  2.*  (This  concurrent  resolution  also  included  a 
proposal  to  repeal  this  section.) 

1911.     A.  No.  762   (Int.  700). 
A.  J.  447. 

Art.  5,  §  1.  The  secretary  of  state,  comptroller,  treasurer, 
attorney-general  and  state  engineer  and  surveyor  shall  after  De- 
cember thirty-first,  nineteen  hundred  and  sixteen,  be  [chosen  at  a 
general  election,  at  the  times  and  places  of  electing  the  governor 
and  lieutenant-governor,  and  shall  hold  their  office  for  two  years, 
except  as  provided  in  section  two  of  this  article]  appointed  by  the 
governor  and  be  removable  at  his  pleasure,  and  unless  sooner  re- 
moved by  the  governor  each  shall  hold  his  office  until  the  end  of  the 
term  of  the  governor  by  whom  he  was  appointed  and  until  his 
successor  shall  be  appointed  and  shall  have  qualified.  Such  officers 
in  office  when  this  amendment  takes  effect  shall  continue  in  office 
until  the  expiration  of  the  terms  for  which  they  shall  have  been 
elected,  respectively.  Each  of  the  officers  in  this  article  named, 
excepting  the  speaker  of  the  assembly,  shall,  at  stated  times  during 
his  continuance  in  office,  receive  for  his  services  a  compensation 
which  shall  not  be  increased  or  diminished  during  the  term  for 
which  he  shall  have  been  elected  or  appointed ;  nor  shall  he  receive 
to  his  use  any  fees  or  perquisites  of  office  or  other  compensation. 
~No  person  shall  be  [elected]i  appointed  to  the  office  of  state  en- 
gineer and  surveyor  who  is  not  a  practical  civil  engineer. 

Art.  5,  §  2.*  (This  concurrent  resolution  also  included  a 
proposal  to  repeal  this  section.) 

1913.     S.  No.  185  (Int.  183).     (Same  as  A.  No.  283.) 

S.  J.  54. 

A.  No.  283  (Int.  279).     (Same  as  S.  No.  185.) 
A.  J.  90. 

Art.  5,  §  1.  The  [secretary  of  state,]  comptroller  [,  treasurer, 
attorney-general  and  state  engineer  and  surveyor,]'  shall  be  chosen 
at  a  general  election,  at  the  times  and  places  of  electing  the 
governor  and  lieutenant-governor  and  shall  hold  [their]  his 
office[s]  for  two  years[,  except  as  provided  in  section  two  of  this 
article].  The  secretary  of  state,  treasurer,  attorney-general  and 
state  engineer  and  surveyor  shall  be  appointed  by  the  governor 
and  shall  hold  their  offices  during  the  governor's  pleasure.  Each 

*  For  Art.  5,  §  2,  see  p.  88. 


326  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

of  the  officers  in  this  article  named,  excepting  the  speaker  of  the 
assembly,  shall,  at  stated  times  during  his  continuance  in  office, 
receive  for  his  services  a  compensation  which  shall  not  be  increased 
or  diminished  during  the  term  for  which  he  shall  have  been 
elected  or  appointed;  nor  shall  he  receive  to  his  use  aiiy  fees  or 
perquisites  of  office  or  other  compensation.  No  person  shall  be 
[elected]  appointed  to  the  office  of  state  engineer  and  surveyor 
who  is  not  a  practical  civil  engineer. 

Art.  5,  §  2.  The  first  [election]  appointment  of  the  secretary 
of  state,  [comptroller,]  treasurer,  attorney-general  and  state  en- 
gineer and  surveyor,  pursuant  to  this  article,  shall  be  [held  in 
the  year  one  thousand  eight  hundred  and  ninety-five,  and  their 
terms  of  office  shall  begin  on  the  first  day  of  January  following, 
and  shall  be  for  three  years.  At  the  general  election  in  the  year 
one  thousand  eight  hundred  and  ninety-eight,  and  every  two 
years  thereafter,  their  successors  shall  be  chosen  for  the  term 
of  two  years.]  made  by  the  governor  chosen  at  the  general  election 
in  the  year,  one  thousand  nine  hundred  and  sixteen. 

1913.     S.  No.  1240  (Int.  1082).     (Same  as  A.  No.  1611.) 

S.  J.  466. 

A.  No.  1611  (Int.  1455).     (Same  as  S.  No.  1240.) 
A.  J.  776. 

Art.  4,  §  4.  The  governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  state.  He  shall  have  power  to 
convene  the  legislature,  or  the  senate  only,  on  extraordinary 
occasions.  At  extraordinary  sessions  no  subject  shall  be  acted 
upon,  except  such  as  the  governor  may  recommend  for  considera- 
tion. He  shall  communicate  by  message  to  the  legislature  at  every 
session  the  condition  of  the  state,  and  recommend  such  matters 
to  it  as  he  shall  judge  expedient.  He  shall  transact  all  necessary 
business  with  the  officers  of  government,  civil  and  military.  He 
shall  expedite  all  such  measures  as  may  be  resolved  upon  by  the 
legislature,  and  shall  take  care  that  the  laws  are  faithfully 
executed.  He  may  at  any  time  remove  from  office  any  state  officer 
appointed  by  a  governor  of  New  York  state  or  by  the  head  of 
any  state  department,  bureau  or  commission,  other  than  a  judicial 
officer  or  an  officer  appointed  by  the  legislature  or  by  either  house 
thereof,  the  method  of  whose  removal  is  not  elsewhere  prescribed  in 
this  constitution;  but  unless  he  be  authorized  by  law  to  remove  any 
such  officer  at  his  pleasure,  the  governor  shall  in  each  case  give 
to  the  officer  removed  a  statement  in  writing  of  the  reasons  for 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,   1895-1914       327 
Composite  Amendments 

his  removal  and  an,  opportunity  to  be  heard  in  his  own  behalf. 
He  shall  receive  for  his  services  an  annual  salary  of  ten  thousand 
dollars,  and  there  shall  be  provided  for. his  use  a  suitable  and 
furnished  executive  residence. 

Art.  5,  §  1.  The  secretary  of  state,  comptroller,  treasurer, 
attorney-general  [and],  state  engineer  and  surveyor,  superintend- 
ent'of  public  ivorks  and  superintendent  of  state  prisons  shall  be 
[chosen  at  a  general  election,  at  the  times  and  places  of  electing 
the  governor  and  lieutenant-governor  and  shall  hold  their  offices 
for  two  years,  except  as  provided  in  section  two  of  this  article.] 
appointed  by  the  governor  and  shall  hold  their  offices  during  the 
governor  s  pleasure,  provided  that  the  governor  shall  have  power 
to  remove  the  comptroller  only  after  giving  him  a  statement  in 
writing  of  the  reasons  for  such  removal  and  an  opportunity  to  be 
keard  in  his  own  behalf.  Each  of  the  officers  [in  this  article] 
named[,  excepting  the  speaker  of  the  assembly ,]i  in  this  section 
shall,  at  stated  times  [during  his  continuance  in  office],  receive 
for  his  services  a  compensation  which  shall  not  be  [increased  or] 
diminished  during  [the  term  for  which  he  shall  have  been  elected] 
his  continuance  in  office,  and  shall  give  security  in  such  amount, 
a,nd  with  such  sureties,  as  shall  be  required  by  law  for  the  faithful 
discharge  of  his  duties;  nor  shall  he  receive  to  his  use  any  fees  or 
perquisites  of  office  or  other  compensation.  ISTo  person  shall  be 
[elected]'  appointed  to  the  office  of  state  engineer  and  surveyor 
who  is  not  a  practical  civil  engineer. 

Art.  5,  §  2.  The  first  [election  of  the  secretary  of  state,  comp- 
troller,* attorney-general  and  state  engineer  and  surveyor,]  ap- 
pointment, pursuant  to  this  article,  of  the  officers  named  in  section 
one  thereof  shall  be  [held  in  the  year  one  thousand  eight  hun- 
dred and  ninety-five,  and  their  terms  of  office  shall  begin  on  the 
first  day  of  January  following,  and  shall  be  for  three  years.  At 
the  general  election  in  the  year  one  thousand  eight  hundred  and 
ninety-eight,  and  every  two  years  thereafter,  their  successors  shall 
be  chosen  for  the  term  of  two  years.]  made  by  the  governor  chosen 
at  the  general  election  in  the  year  nineteen  hundrd  and  fourteen, 
but  the  superintendent  of  state  prisons  who  shall  be  in  office  on 
the  first  day  of  January  in  the  year  nineteen  hundred  and  fifteen 
shall,  unless  sooner  removed  by  the  governor,  hold  office  for  the 
full  term  for  which  he  shall  have  been  appointed. 

*  Word  ' '  treasurer "  as  in  original  constitution  omitted  evidently  by 
mistake. 


328  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

(This  concurrent  resolution  also  included  a  proposal  to  repeal 
§§  3,  4  and  7  of  Art.  5  and  to  renumber  §§  5,  6,  8,  and  9  as 
§§  3,  4,  5  and  6  respectively.) 

Art.  8,  §  12.  The  members  of  the  said  board  and  of  the  said 
commission  shall  be  appointed  by  the  governor,  by  and  with  the 
advice  and  consent  of  the  senate;  and  any  member  may  be  re- 
moved from  office  by  the  governor  [for  cause],  a  statement  in 
writing  having  been  furnished  him  of  the  reasons  for  his  removal 
and  an  opportunity  having  been  given  him  to  be  heard  in  his 
[defense]  own  behalf. 

Art.  10,  §  9.  No  officer  whose  salary  is  fixed  by  the  constitu- 
tion shall  receive  any  additional  compensation.  Each  of  the  other 
state  officers  named  in  the  constitution  who  shall  have  been  ap- 
pointed or  elected  for  a  fixed  term  shall,  during  his  continuance 
in  office,  receive  a  compensation  to  be  fixed  by  law,  which  shall 
not  be  increased  or  diminished  during  the  term  for  which  he  shall 
have  been  elected  or  appointed;  nor  shall  he  receive  to  his  use 
any  fees  or  perquisites  of  office  or  other  compensation. 

Art.  11,  §  4.  The  governor  shall  appoint  the  chiefs  of  the  sev- 
eral staff  departments,  his  aides-de-camp  and  military  secretary, 
all  of  whom  shall  hold  office  during  his  pleasure,  their  commis- 
sions to  expire  with  the  term  for  which  the  governor  shall  have 
been  elected ;  he  shall  also  [nominate,  and  with  the  consent  of 
the  senate]  appoint[,]  all  major-generals. 

Art.  11,  §  6.  The  commissioned  officers  shall  be  commissioned 
by  the  governor  as  commander-in-chief.  No  commissioned  offi- 
cer shall  be  removed  from  office  during  the  term  for  which  he 
shall  have  been  appointed  or  elected,  unless  [by  the  senate  on 
the  recommendation  of  the  governor,  stating  the  grounds  on  .which 
such  removal  is  recommended,  or]  by  the  sentence  of  a  court-mar- 
tial, or  upon  the  findings  of  an  examining  board  organized  pur- 
suant to  law,  or  for  absence  without  leave  for  a  period  of  six 
months  or  more. 

1911.  S.  No.  2240  (Int.  1657). 

S.  J.  2237,  2277. 

1912.  S.  No.  192  (Int.  189).  (Same  as  A.  No.  197.) 

S.  J.  49. 

A.  No.  197  (Int.  195).  (Same  as  S.  No.  192.) 
A.  J.  66,  941,  1033,  1460. 

1913.  S.  No.  344  (Int.  337).  (Same  as  A.  No.  540.) 

S.  J.  88. 

A.  No.  540  (Int.  526).  (Same  as  S.  No.  344.) 
A.  J.  172,  2007. 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       329 

Composite  Amendments 

Art.  4,  §  4.  The  governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  state.  He  shall  have  power  to 
convene  the  legislature,  or  the  senate  only,  on  extraordinary 
occasions.  At  extraordinary  sessions  no  subject  shall  be  acted 
upon,  except  such  as  the  governor  may  recommend  for  considera- 
tion. He  shall  communicate  by  message  to  the  legislature  at  every 
session  the  condition  of  the  state,  and  recommend  such  matters  to 
it  as  he  shall  judge  expedient.  He  shall  transact  all  necessary 
business  with  the  officers  of  government,  civil  and  military.  He 
shall  expedite  all  such  measures  as  may  be  resolved  upon  by  the 
legislature,  and  shall  take  care  that  the  laws  are  faithfully 
executed.  He  may  at  any  time  remove  from  office  any  state  officer 
appointed  by  a  governor  of  the  state  or  by  the  head  of  any  state 
department,  bureau  or  commission^,  other  than  a  judicial  officer 
or  an  officer  appointed  by  the  legislature  or  by  ^either  house  thereof, 
the  method  of  whose  removal  is  not  elsewhere  prescribed  in  this 
constitution;  but  unless  he  be  authorized  by  law  to  remove  any 
such  officer  at  his  pleasure,  the  governor  shall  in  each  case  give 
to  the  officer  removed  a  statement  in  writing  of  the  reasons  for 
his  removal  and  an  opportunity  to  be  heard  in  his  own  behalf. 
He  shall  receive  for  his  services  an  annual  salary  of  ten  thousand 
dollars,  and  there  shall  be  provided  for  his  use  a  suitable  and 
furnished  executive  residence. 

Art.  5,  §  1.  The  secretary  of  state,  comptroller,  treasurer, 
attorney-general,  [and]  state  engineer  and  surveyor,  superintend- 
ent of  public  works  and  superintendent  of  state  prisons  shall 
be  [chosen  at  a  general  election,  at  the  times  and  places  of 
electing  the  governor  and  lieutenant-governor  and  shall  hold  their 
offices  for  two  years,  except  as  provided  in  section  two  of  this 
article.]  appointed  by  the  governor  and  shall  hold  their  offices  dur- 
ing the  governor's  pleasure,  provided  that  the  governor  shall  have 
power  to  remove  the  comptroller  only  after  giving  him  a  statement 
in  writing  of  the  reasons  for  such  removal  and  an  opportunity  to 
be  heard  in  his  own  behalf.  Each  of  the  officers  [in  this  article]! 
named,  [excepting  the  speaker  of  the  assembly,]  in  this  section 
shall,  at  stated  times  [during  his  continuance  in  office],  receive 
for  his  services  a  compensation  which  shall  not  be  [increased  or] 
diminished  during  i[the  term  for  which  he  shall  have  been 
elected];  his  continuance  in  office,  and  shall  give  security  in  such 
amount,  and  with  such  sureties,  as  shall  be  required  by  law  for 
the  faithful  discharge  of  his  duties;  nor  shall  he  receive  to  his 


330  XEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

use  any  fees  or  perquisites  of  office  or  other  compensation.  Xo 
person  shall  be  [elected]  appointed  to  the  office  of  state  engineer 
and  surveyor  who  is  not  a  practical  civil  engineer. 

Art.  5,  §  2.  The  first  [election  of  the  secretary  of  state,  comp- 
troller, treasurer,  attorney-general  and  state  engineer  and  sur- 
veyor,] appointment,  pursuant  to  this  article,  of  the  officers  named 
in  section  one  thereof  shall  be  '[held  in  the  year  one  thousand 
eight  hundred  and  ninety-five,  and  their  terms  of  office  shall  begin 
on  the  first  day  of  January,  following,  and  shall  be  for  three  years. 
At  the  general  election  in  the  year  one  thousand  eight  hundred 
and  ninety-eight,  and  every  two  years  thereafter,  their  successors 
shall  be  chosen  for  the  term  of  two  years.]  made  ~by  the  governor 
chosen  at  the  general  election  in  the  year  nineteen  hundred  and 
sixteen,  but  the  superintendent  of  state  prisons  who  shall  be  in 
office  on  the  first  day  of  January  in  the  year  nineteen  hundred 
and  seventeen  shall,  unless  sooner  removed  by  the  governor,  hold 
office  for  the  full  term  of  which  he  shall  have  been  appointed. 

(This  concurrent  resolution  also  included  a  proposal  to  repeal 
§§  3,  4  and  7  of  Art.  5  and  to  renumber  §§  5,  6,  8  and  9  as 
§§  3,  4,  5  and  6,  respectively.) 

Art.  8,  '§  12.  The  members  of  the  said  board  and  of  the  said 
commissions  shall  be  appointed  by  the  governor,  [by  and  with  the 
advice  and  consent  of  the  senate] ;  and  any  member  may  be  re- 
moved from  office  by  the  governor  [for  cause],,  a  statement  in 
writing  having  been  furnished  him  of  the  reasons  for  his  removal 
and  an  opportunity  having  bqen  given  him  to  be  heard  in  his 
[defense]  own  behalf. 

Art.  10,  §  9.  ~No  officer  wrhose  salary  is  fixed  by  the  constitu- 
tion shall  receive  any  additional  compensation.  Each  of  the  other 
state  officers  named  in  the  constitution  who  shall  have  been  ap- 
pointed or  elected  for  a  fixed  term  shall,  during  his  continuance 
in  office,  receive  a  compensation  to  be  fixed  by  law,  which  shall 
not  be  increased  or  diminished  during  the  term  for  which  he 
shall  have  been  elected  or  appointed ;  nor  shall  he  receive  to  his 
use  any  fees  or  perquisites  of  office  or  other  compensation. 

Art.  11,  §  4.  The  governor  shall  appoint  the  chiefs  of  the  sev- 
eral staff  departments,  his  aides-de-camp  and  military  secretary, 
all  of  whom  shall  hold  office  during  his  pleasure,  their  commis- 
sions to  expire  with  the  term  for  which  the  governor  shall  have 
been  elected ;  he  shall  also  [nominate,  and  with  the  consent  of 
the  senate]  appoint[,]  all  major-generals. 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       331 
Composite  Amendments 

Art.  11,  §  6.  The  commissioned  officers  shall  be  commissioned 
by  the  governor  as  commander-in-chief.  No  commissioned  officer 
shall  be  removed  from  office  during  the  term  for  which  he  shall 
have  been  appointed  or  elected,  unless  [by  the  senate  on  the  rec- 
ommendation of  the  governor,  stating  the  grounds  on  which  such 
removal  is  recommended,  or]  by  the  sentence  of  a  court-martial, 
or  upon  the  findings  of  an  examination  [examining]  board  or- 
ganized pursuant  to  law,  or  for  absence  without  leave  for  a  pe- 
riod of  six  months  or  more. 

1914.     A.  No.  278  (Int.  278).     (Same  as  A.  No.  372.) 

A.  J.  106. 

A.  No.  372  (Int.  370).     (Same  as  A.  No.  278.) 
A.  J.  143. 

Art.  4,  §  4.  The  governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  state.  He  shall  have  power  to 
convene  the  legislature,  or  the  senate  only,  on  extraordinary  oc- 
casions. At  extraordinary  sessions  no  subject  shall  be  acted  upon, 
except  such  as  the  governor  may  recommend  for  consideration. 
He  shall  communicate  by  message  to  the  legislature  at  every  ses- 
sion the  condition  of  the  state  and  recommend  such  matters  to  it 
as  he  shall  judge  expedient.  He  shall  transact  all  necessary  busi- 
ness with  the  officers  of  government,  civil  and  military.  He  shall 
expedite  all  such  measures  as  may  be  resolved  upon  by  the  legis- 
lature, and  shall  take  care  that  the  laws  are  faithfully  executed. 
He  may  at  any  time  remove  from  office  any  state  officer  appointed 
by  a  governor  of  the  state  or  by  the  head  of  any  state  department, 
bureau  or  commission,  other  than  a  judicial  officer  or  an  officer 
appointed  by  the  legislature  or  by  either  house  thereof,  the  method 
of  whose  removal  is  not  elsewhere  prescribed  in  this  constitution; 
but  unless  he  be  authorized  by  law  to  remove  any  such  officer  at 
his  pleasure,  the  governor  shall  in  each  case  give  to  the  officer  re- 
moved a  statement  in  writing  of  the  reasons  for  his  removal  and 
an  opportunity  to  be  heard  in  his  oiun  behalf.  He  shall  receive 
for  his  services  an  annual  salary  of  ten  thousand  dollars,  and 
there  shall  be  provided  for  his  use  a  suitable  and  furnished  ex- 
ecutive residence. 

Art.  5,  §  1.  The  [secretary  of  state,]  *comperollerr[,  treas- 
urer, attorney-general  and  state  engineer  and  surveyor]  shall  be 
chosen  at  a  general  election,  at  the  times  and  places  of  electing 
the  governor  and  lieutenant-governor  and  shall  hold  [their]  his 

*  So  in  original. 

PABT  II  —  12 


332  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

officers]  for  two  years,  except  as  provided  in  section  two  of  this 
article.  The  secretary  of  state,,  treasurer.,  attorney-general  arid 
engineer  and  surveyor  shall  be  appointed  by  the  governor  and 
shall  hold  office  until  the  end  of  the  term  of  the  governor  by  whom 
they  were  nominated,  and  until  his  successor  is  appointed  and 
qualifies.  Each  of  the  officers  in  this  article  named,  except  the 
speaker  of  the  assembly  shall,  at  stated  times  during  his  contin- 
uance in  office,  receive  for  his  services  a  compensation  that  shall 
not  be  [increased  or]  diminished  during  [the  term  for  which  he 
shall  have  been  elected]  his  continuance  in  office,,  and  shall  give 
security  in  such  amount.,  and  with  such  sureties,  as  shall  be  re-* 
quired  by  law  for  the  faithful  discharge  of  his  duties;  nor  shall 
he  receive  to  his  use  any  fee  or  perquisites  of  office  or  other  com- 
pensation. No  person  shall  be  [elected]  appointed  to  the  office 
of  state  engineer  and  surveyor  who  is  not  a  practical  civil  en- 
gineer. 

Art.  5,  §  2.  The  first  election  of  the  [secretary  of  state] 
comptr oiler [,  treasurer,  attorney-general  and  state  engineer  and 
surveyor,]  pursuant  to  this  article,  shall  be  held  in  the  year  one 
thousand  eight  hundred  and  ninety-five,  and  [their]  his  term[s] 
of  office  shall  begin  on  the  first  day  of  January,  following,  and 
shall  be  for  three  years.  At  the  general  election  in  the  year  one 
thousand  eight  hundred  and  ninety-eight,  and  every  two  years 
thereafter,  [their]  his  successor[s]  shall  be  chosen  for  the  term 
of  two  years.  The  first  appointment,  of  the  officers  named,  in  sec- 
tion one,  shall  be  made  by  the  governor  chosen  at  the  general  elec- 
tion in  the  year  one  thousand  nine  hundred  and  sixteen. 

(This  concurrent  resolution  also  included  a  proposal  to  repeal 
§  7  of  Art.  5  and  to  renumber  §§8  and  9  as  §§  7  and  8,  re- 
spectively. ) 

Art.  10,  §  9.  No  officer  whose  salary  is  fixed  by  the  constitu- 
tion shall  receive  any  additional  compensation.  Each  of  the 
other  state  officers  named  in  the  constitution  who  shall  have  been 
appointed  or  elected  for  a  fixed  ierm  shall,  during  his  continu- 
ance in  office,  receive  a  compensation  to  be  fixed  by  law  which 
shall  not  be  [increased  or]  diminished  during  the  term  for  which 
he  shall  have  been  elected  *  or  appointed ;  nor  shall  he  receive  to 
his  use  any  fees  or  perquisites  of  office  or  other  compensation. 

1914.     A.  No.  1414  (Int.  1280). 
A.    J.    795. 


So  in  original. 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       333 
Composite  Amendments 

Art.  4,  §  4.  The  governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  state.  He  shall  have  power  to 
convene  the  legislature,  or  the  senate  only,  on  extraordinary  oc- 
casions. At  extraordinary  sessions  no  subject  shall  be  acted  upon, 
except  such  as  the  governor  may  recommend  for  consideration. 
He  shall  communicate  by  message  to  the  legislature  at  every  ses- 
sion the  condition  of  the  state,  and  recommend  such  matters  to 
it  as  he  shall  judge  expedient.  He  shall  transact  all  necessary 
business  with  the  officers  of  government,  civil  and  military.  He 
shall  expedite  all  such  measures  as  may  be  resolved  upon  by  the 
legislature,  and  shall  take  care  that  the  laws  are  faithfully  exe- 
cuted. He  may  at  any  time  remove  from  office  any  state  officer 
appointed  by  a  governor  of  the  state  or  by  the  head  of  any  state 
department,  bureau  or  commission,,  other  than  a  judicial  officer  or 
an  officer  appointed  by  the  legislature  or  by  either  house  thereof, 
tlie  method  of  whose  removal  is  not  elsewhere  prescribed  in  this 
constitution;  but  unless  he  be  authorized  by  law  to  remove  any 
such  officer  at  his  pleasure.,  the  governor  shall  in  each  case  give 
to  the  officer  removed  a  statement  in  writing  of  the  reasons  for 
his  removal  and  an  opportunity  to  be  heard  in  his  own  behalf. 
He  shall  receive  for  his  services  an  annual  salary  of  ten  thousand 
dollars,  and  there  shall  be  provided  for  his  use  a  suitable  and  fur- 
nished executive  residence. 

Art.  5,  §  1.  The  secretary  of  state,  [comptroller,]  treasurer, 
attorney-general  [and],  state  engineer  and  surveyor,  superin- 
tendent of  public  works  and  superintendent  of  state  prisons  shall 
be  [chosen  at  a  general  election,  at  the  times  and  places  of  elect- 
ing the  governor  and  lieutenant-governor  and  shall  hold  their 
offices  for  two  years,  except  as  provided  in  section  two  of  this 
article.]  appointed  by  the  governor,  by  and  with  the  consent  of 
the  senate,  and  shall  hold  their  offices  during  the  governor's  pleas- 
ure. The  comptroller  shall  be  chosen  at  a  general  election  at  the 
times  and  places  of  electing  the  governor  and  lieutenant-governor 
and  shall  hold  his  office  for  two  years.  The  comptroller  in  office 
when  this  amendment  takes  effect  shall  continue  in  office  until  the 
expiration  of  his  term,  and  his  successor  shall  be  chosen  by  elec- 
tion at  the  preceding  election  of  a  governor  before  the  expiration 
of  such  term.  Each  of  the  officers  [in  this  article]  named,  [ex- 
cepting the  speaker  of  the  assembly,]  in  this  section  shall,  at 
stated  times  [during  his  continuance  in  office],  receive  for  his 


334  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

services  a  compensation  which,  shall  not  be  [increased  or]  dimin- 
ished during  [the  term  for  which  he  shall  have  been  elected] 
his  continuance  in  office,  and  shall  give  security  in  such  amount, 
and  with  such  sureties,  as  shall  be  required  by  law  for  the  faithful 
discharge  of  his  duties;  nor  shall  he  receive  to  his  use  any  fees 
or  perquisites  of  office  or  other  compensation.  Xo  person  shall 
be  [elected]  appointed  to  the  office  of  state  engineer  and  surveyor 
who  is  not  a  practical  civil  engineer. 

Art.  5,  §  2.  The  first  [election  of  the  secretary  of  state, 
comptroller,  treasurer,  attorney-general  and  state  engineer  and  sur- 
veyor,] appointment,  pursuant  to  this  article,  of  the  appointive 
officers  named  in  section  one  thereof  shall  be  [held  in  the  year 
one  thousand  eight  hundred  and  ninety-five,  and  their  terms  of 
office  shall  begin  on  the  first  day  of  January,  following,  and  shall 
be  for  three  years.  At  the  general  election  in  the  year  one  thou- 
sand eight  hundred  and  ninety-eight,  and  every  two  years  there- 
after, their  successors  shall  be  chosen  for  the  term  of  two  years.] 
made  by  the  governor  chosen  at  the  general  election  in  the  year 
nineteen  hundred  and  sixteen,  but  the  superintendent  of  state 
prisons  who  shall  be  in  office  on  the  first  day  of  January  in  the 
year  nineteen  hundred  and  seventeen  shall,  unless  sooner  removed 
by  the  governor,  hold  office  for  the  full  term  of  ivhich  he  shall 
have  been  appointed. 

(This  concurrent  resolution  also  included  a  proposal  to  repeal 
§§  3,  4  and  T  of  Art.  5  and  to  renumber  §§  5,  6,  8  and  9  as 
§§  3,  4,  5  and  6,  respectively.) 

Art.  8,  §  12.  The  members  of  the  said  board  and  of  the 
said  commission  shall  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate ;  and  any  member  may 
be  removed  from  office  by  the  governor  [for  cause] ,  a  statement 
in  writing  having  been  furnished  him  of  the  reasons  for  his  re- 
moval and  an  opportunity  having  been  given  him  to  be  heard 
in  his  [defense]  own  behalf. 

Art.  10,  §  9.  No  officer  whose  salary  is  fixed  by  the  constitu- 
tion shall  receive  any  additional  compensation.  Each  of  the 
other  state  officers  named  in  the  constitution  who  shall  have  been 
appointed  or  elected  for  a  fixed  term  shall,  during  his  continuance 
in  office,  receive  a  compensation  to  be  fixed  by  law,  which  shall 
not  be  increased  or  diminished  during  the  term  for  which  he 
shall  have  been  elected  or  appointed;  nor  shall  he  receive  to  his 
use  any  fees  or  perquisites  of  office  or  other  compensation. 


II]        AMENDMENTS  ADOPTED  AND  PKOFOSED,  1895-1914       335 
Composite  Amendments 

Art.  11,  §  4.  The  governor  shall  appoint  the  chiefs  of  the 
several  staff  departments,  his  aides-de-camp  and  military  secretary, 
all  of  whom  shall  hold  office  during  his  pleasure,  their  commissions 
to  expire  with  the  term  for  which  the  governor  shall  have  been 
elected;  he  shall  also  [nominate,  and  with  the  consent  of  the 
senate]'  appoint[,]  all  major-generals. 

Art.  11,  §  6.  The  commissioned  officers  shall  be  commissioned 
by  the  governor  as  commander-in-chief.  Xo  commissioned  officer 
shall  be  removed  from  office  during  the  term  for  which  he  shall 
have  been  appointed  or  elected,  unless  [by  the  senate  on  the  recom- 
mendation of  the  governor,  stating  the  grounds  on  which  such  re- 
moval is  recommended,  or]  by  the  sentence  of  a  court-martial, 
or  upon  the  findings  of  an  examining  board  organized  pursuant 
to  law,  or  for  absence  without  leave  for  a  period  of  six  months 
or  more. 

1914.     S.  No.  1585  (Int.  3184). 
S.  J.  102,  756. 

9.     Appointment  or  election  of  city  officers  and  county  officers  in  city  of 
New  York  —  term  —  removal 

Art.  10,  §  1.  Sheriffs,  clerks  of  counties,  district  attorneys  and 
registers  in  counties  having  registers,  shall  be  chosen  by  the  electors 
of  the  respective  counties,  once  in  every  three  years  and  as  often 
as  vacancies  shall  happen,  except  in  [the]  counties  in  the  city 
of  Xew  York  [and  Kings,  and  in  counties  whose  boundaries  are 
the  same  as  those  of  a  city,  where  such  officers  shall  be  chosen  by 
the  electors  once  in  every  two  or  four  years  as  the  legislature  shall 
direct].  Sheriffs  shall  hold  no  other  office  and  be  ineligible  for 
the  next  term  after  the  termination  of  their  offices.  They  may 
be  required  by  law  to  renew  their  security,  from  time  to  time; 
and  in  default  of  giving  such  new  security,  their  offices  shall  be 
deemed  vacant.  But  the  county  shall  never  be  made  responsible 
for  the  acts  of  the  sheriff.  The  governor  may  remove  any  officer, 
in  this  section  mentioned,  within  the  .term  for  which  he  shall  have 
been  elected;  giving  to  such  officer  a  copy  of  the  charges  against 
him,  and  an  opportunity  of  being  heard  in  his  defense. 

Art.  10,  §  2.  All  county  officers  whose  election  or  appointment 
is  not  provided  for  by  this  constitution,  shall  be  elected  by  the 
electors  of  the  respective  counties  or  appointed  by  the  boards  of 
supervisors,  or  other  county  authorities,  as  the  legislature  shall 
direct.  All  [city,]  town  and  village  officers,  whose  election  or  ap- 
pointment is  not  provided  for  by  this  constitution,  shall  be  elected 


336  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

by  the  electors  of  such  [cities,]  towns  and  villages,  or  of  some 
division  thereof,  or  appointed  by  such  authorities  thereof,  as  the 
legislature  shall  designate  for  that  purpose.  The  mayor,  members 
of  the  board  of  aldermen  or  common  council  or  other  legislative 
governing  ~body,  and  supervisors  of  every  city,  and  judges  or  jus- 
tices of  inferior  city  courts  which  have  heretofore  been  chosen 
by  election,  shall  continue  to  be  elected  by  the  electors  of  the  city 
or  proper  division  thereof.  All  other  officers  of  the  city,  or  of  a 
division  thereof,  shall  hereafter  be  appointed  by  the  mayor;  and 
in  the  city  of  New  York  all  county  officers,  except  judicial  officers, 
shall  be  appointed  in  like  manner.  City  and  county  officers  ap- 
pointed by  the  mayor  under  the  .provisions  of  this  section  shall 
hold  office  until  removed  by  the  mayor,  and  the  mayor  may  remove 
any  such  officer  whenever  in  his  judgment  the  public  interests 
shall  so  require.  Such  city  and  county  officers  heretofore  elected 
for  definite  terms  shall  hold  office  until  the  expiration  of  such 
terms,  but  their  successors  shall  be  appointed  as  in  this  section 
provided.  All  other  officers,  whose  election  or  appointment  is  not 
provided  for  by  this  constitution,  and  all  officers,  whose  offices 
may  hereafter  be  created  by  law,  shall  be  elected  by  the  people, 
or  appointed  as  the  legislature  may  direct. 

Art.  10,  §  4.  The  time  of  electing  all  elective  officers  named  in 
this  article  shall  be  prescribed  by  law. 

Art.  12,  §  3.  All  elections  of  elective  city  officers,  including 
supervisors  and  judicial  officers  of  inferior  local  courts,  elected 
in  any  city  or  part  of  a  city,  [and  of  county  officers  elected  in  the 
counties  of  New  York  and  Kings,  and  in  all  counties  whose  bound- 
aries are  the  same  as  those  of  a  city,  except  to  fill  vacancies,]  shall 
be  held  on  the  Tuesday  succeeding  the  first  Monday  in  November 
in  an  odd-numbered  year,  and  the  term  of  every  such  officer  shall 
expire  at  the  end  of  an  odd-numbered  year.  The  terms  of  office 
of  all  such  officers  elected  before  the  first  day  of  January,  one 
thousand  eight  hundred  and  ninety-five,  whose  successors  have  not 
then  been  elected,  which  under  existing  laws  would  expire  with 
an  even-numbered  year,  or  in  an  odd-numbered  year  and  before 
the  end  thereof,  are  extended  to  and  including  the  last  day  of 
December  next  following  the  time  when  such  terms  would  other- 
wise expire ;  the  terms  of  office  of  all  such  officers,  which  under  ex- 
isting laws  would  expire  in  an  even-numbered  year,  and  before  the 
end  thereof,  are  abridged  so  as  to  expire  at  the  end  of  the  preceding 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,   1895-1914       337 
Composite  Amendments 

year.  This  section  shall  not  apply  to  any  city  of  the  third  class,  or 
to  elections  of  any  judicial  officer,  except  judges  and  justices  of 
inferior  local  courts. 

1914.     A.  No.  277  (Int.  277). 
A.  J.  106. 

10.     Restricting    legislation    as    to    cities  —  municipal    control    of    public 
utilities 

Art.  3,  §  30.  (Proposal  to  add  the  following  new  section:)  The 
legislature  shall  itself  have  no  power  to  pass  any  law  providing, 
within  the  corporate  limits  of  any  city,  for  the  following  public 
services.  (1)  Street  railways,  whether  surface,  elevated  or  sub- 
surface; (2)  sewers;  (3)  water;  (4)  gas,  whether  for  light,  fuel 
or  other  purposes;  (5)  electricity,  whether  for  light,  heat,  power 
or  other  purposes;  (6)  bridges;  (7)  ferries;  (8)  docks,  including 
warehousing  and  graving  or  any  of  them;  but  laws  shall  be  made 
to  effectuate  section  four  of  article  twelve  of  this  constitution  pro- 
vided that  no  law  shall  become  effective  in  the  premises,  except  as 
to  a  city  or  cities,  the  officers  or  bodies  of  ivhich  that  have  charge 
of  the  appropriations  of  its  or  their  public  funds,  shall  have  re- 
quested or  concurred  in  such  law. 

Art.  8,  §  10.  (Proposal  to  add  the  following:)  ^Provided  that 
under  the  provision  of  section  four  of  article  twelve  of  this  con- 
stitution, any  city  may  become  indebted  for  the  purpose  of  invest- 
ment in  plant  —  realty,  personalty  or  franchises  of  the  public 
services  enumerated  by  such  section  four  or  any  one  or  more  of 
them  —  to  an  extent  in  addition  to  ten  per  centum  of  such  as- 
sessed valuation  of  the  real  estate  of  such  city  subject  to  taxation, 
equal  to  the  amount  of  the  indebtedness  incurred  for  water  supply: 
and  dock  purposes  or  either  of  them  and  luhether  heretofore  or 
hereafter  incurred,  provided,  as  to  any  portion  of  such  additional 
indebtedness,  so  permitted,  that  it  shall  have  been  authorized  by  a 
majority  vote  of  the  electors  of  said  city;  provision  for  taking 
which  shall  be  made  by  law. 

Art.  12,  §  4.  (Proposal  to  add  the  following  new  section:)  Any, 
city  in  the  discretion  of  those  officers  or  bodies  in  such  city  that 
have  charge  of  the  appropriation  of  its  public  funds,  may  provide, 
by  direct  operation  or  contract,  for  the  following  public  services 
within  its  corporate  limits,  (1)  street  railways,  whether  surface, 


For  Art.  8,  §  10  as  proposed  to  be  amended,  see  p.  200. 


338  NEW  YOKE  STATE  CONSTITUTION  ANNOTATED         [Part 

* 

Composite  Amendments 

elevated  or  subsurface;  (2)  sewers;  (3)  water;  (4)  gas,  whether 
for  light,  fuel  or  other  purposes;  (5)  electricity,  whether  for  light, 
heat,  power  or  other  purposes;  (6)  bridges;  (7)  ferries;  (S) 
docks,  including  warehousing  and  graving,  or  any  thereof;  and  to 
that  end  may  acquire  by  purchase  or  condemnation,  such  real 
estate,  franchise  rights  and  other  property  as  may  be  needed 
therefor. 

1904.     A.  No.  500  (Int.  459). 
A.  J.  220. 

Art.  3,  §  30.  (Proposal  to  add  the  following  new  section:)  The 
legislature  shall  itself  have  no  power  to  pass  any  law  providing, 
within  the  corporate  limits  of  any  city,,  for  the  following  public 
services,  (1)  street  railways,  whether  surface,  elevated  or  sub- 
surface; (2)  sewers;  (3)  water;  (4)  gas,  whether  for  light,  fuel 
or  other  purposes ;  (5)  electricity,  whether  for  light,  heat  or  power 
or  other  purposes;  (6)  bridges;  (7)  ferries;  (8)  doclcs,  including 
warehousing  and  graving;  or  any  of  them,  but  laws  shall  be  made 
to  effectuate  section  four  of  article  twelve  of  this  constitution;  pro- 
vided that  no  law  shall  be  made  in  the  premises,  except  at  the  re- 
quest or  with  the  concurrence  of  those  officers  or  bodies  of  the  city 
or  cities  affected  that  have  charge  of  the  appropriation  of  its  or 
their  public  funds. 

Art.  12,  §  4.  (Proposal  to  add  the  following  new  section :)  Any 
city  in  the  discretion  of  those  officers  or  bodies  in  such  city  that 
have  charge  of  the  appropriation  of  its  public  funds,  may  pro- 
vide, by  direct  operation  or  contract,  for  the  following  public  serv- 
ices within  its  corporate  limits,  (1)  street  railways,  whether  sur- 
face, elevated  or  subsurface;  (2)  sewers;  (3)  water;  (4)  gas,, 
whether  for  light,  fuel  or  other  purposes;  (5)  electricity,  whether, 
for  light,  heat,  power  or  other  purposes;  (6)  bridges;  (7)  ferries; 
(8)  docks,  including  warehousing  and  graving;  or  any  thereof; 
and  to  that  end  may  acquire  by  purchase  or  condemnation  such 
real  estate,  franchise  rights  and  other  property  as  may  be  needed 
therefor. 

1906.     S.  No.  13  (Int.  13).     (Same  as  A.  No.  8.) 

S.  J.  13. 
A.  No.  8  (Int.  8).     (Same  as  S.  No.  13.) 

11.     Municipal  home  rule 

Art.  12,  §  1.  It  shall  be  the  duty  of  the  legislature  to  provide  for 
the  organization  of  cities  and  incorporated  villages,  and  to  restrict 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895—1914       339 

Composite  Amendments 

their  powers  of  taxation,  assessment,  borrowing  money,  contract- 
ing debts,  and  loaning  their  credit,  so  as  to  prevent  abuses  in  as- 
sessments, and  in  contracting  debt  by  such  municipal  corporations. 

Art.  12,  §  2.  [All  cities  are  classified  according  to  the  latest 
state  enumeration,  as  from  time  to  time  made,  as  follows:  The 
first  class  includes  all  cities  having  a  population  of  two  hundred 
and  fifty  thousand  or  more;  the  second  class,  all  cities  having  a 
population  of  fifty  thousand  and  less  than  two  hundred  and  fifty 
thousand ;  the  third  class,  all  other  cities.  Laws  relating  to  the 
property,  affairs  and  government  of  cities,  and  the  several  depart- 
ments thereof,  are  divided  into  general  and  special  city  laws; 
general  city  laws  are  those  which  relate  to  all  the  cities  of  one  or 
more  classes;  special  city  laws  are  those  which  relate  to  a  single 
city,  or  to  less  than  all  the  cities  of  a  class.]  Subject  to  the  limita- 
tions contained  in  the  constitution  and  in  such  laws  of  the  state  as 
are  applicable  to  all  persons  or  all  persons  of  a  class  persons 
throughout  the  state  and  in  any  law  applicable  to  any  city  or  cities 
of  the  state  as  hereafter  enacted  in  the  manner  hereinafter  pro- 
vided, every  city  within  the  state  shall  be  vested  with  power  to 
acquire,  hold,  manage,  control  and  dispose  of  property,  to  license 
and  regulate  all  trades,  occupations  and  businesses  and  to  perform 
and  render  all  public  services,  and  with  all  powers  of  government. 
Every  city  within  the  state  shall  be  vested  with  power  to  prescribe 
for  all  city  employees  and  for  all  employees  of  contractors  or  of 
subcontractors  or  of  others  performing  work  for  the  city,  the  maxi- 
mum number  of  hours  in  their  work  day  and  the  rate  of  their  com- 
pensation and  may  provide  that  in  each  occupation  concerned  the 
compensation  so  paid  shall  not  be  below  the  prevailing  local  rate 
of  wages* 

Art.  12,  §  3.\  [Special  city  laws]  No  law  applicable  to  any 
city  or  cities  within  the  state  shall  [not]  be  passed  except  in 
conformity  with  the  provisions  of  this  section.  After  any  bill  for 
a  [special]  city  law  [relating  to  a  city]  has  been  passed  by  both 
branches  of  the  legislature  the  house  in  which  it  originated  shall 
immediately  transmit  a  certified  copy  thereof  to  the  mayor  of 
[such]  the  city  or  cities  affected  thereby,  and  within  fifteen  days 
thereafter  the  mayor  shall  return  such  bill  to  the  house  from  which 
it  was  sent  [or]  and  if  the  session  of  the  legislature  at  which  such 

*  The  remainder  of  original  $  2  is  contained  in  proposed  new  $  3. 
t  Proposed  new  $  3  contains  part  of  original  $  2. 


340  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

bill  was  passed  has  terminated,  to  the  governor,  with  the  mayor's 
certificate  thereon,  stating  whether  the  city  has  or  has  not  accepted 
the  same.  In  every  city  [of  the  first  class]  the  mayor  or  such 
other  local  authority  as  the  charter  may  provide  [and  in  every 
other  city  the  mayor  and  the  legislative  body  thereof  concur- 
rently] shall  act  for  such  city  as  to  such  bills.  [;  but  the  legislature 
may  provide  for  the  concurrence  of  the  legislative  body  in  cities 
of  the  first  class.]  The  legislature  shall  provide  for  a  public 
notice  and  an  opportunity  for  a  public  hearing  concerning  any 
such  bill  in  every  city  to  which  it  relates,  before  action  thereon. 
Such  a  bill,  if  it  relates  to  more  than  one  city,  shall  be  transmitted 
to  the  mayor  of  each  city  to  which  it  relates,  and  shall  not  be 
deemed  accepted  unless  accepted  as  herein  provided  by  every  such 
city.  Whenever  any  such  bill  is  accepted,  as  herein  provided,  it 
shall  be  subject,  as  are  other  bills,  to  the  action  of  the  governor. 
Whenever,  during  the  session  at  which  it  [was]  is  passed,  any 
such  bill  is  returned  without  the  acceptance  of  the  city  or  cities 
to  which  it  relates,  or  within  such  fifteen  days  is  not  returned,  it 
may  nevertheless  again  be  passed  by  both  branches  of  the  legisla- 
ture, by  the  affirmative  vote  of  two-thirds  of  all  the  members  of 
each  such  branch  of  the  legislature,,  and  it  shall  then  be  subject, 
as  are  other  bills,  to  the  action  of  the  governor.  In  every  [special] 
city  law  which  has  been  accepted  by  the  city  or  cities  to  which  it 
relates  the  title  shall  be  followed  by  the  words  "  accepted  by  the 

city  of "  or  "  cities  of /'as  the  case 

may  be;  in  every  such  law  which  is  passed  without  such  accep- 
tance, by  the  words  "  passed  without  the  acceptance  of  the  city  of 

"  or  "  cities  of /'as  the  case  may  be. 

Art.  12,  §  4-  (Proposal  to  add  the  following  new  section:) 
Subject  to  the  limitations  contained  in  the  constitution  and  in  such 
laws  of  the  state  as  are  applicable  to  all  persons  or  persons  of  a 
class  throughout  the  state  and  in  any  law  applicable  to  any  city 
or  cities  of  the  state  as  hereafter  enacted  in  the  manner  hereinbe- 
fore provided,  any  city  may  adopt  its  own  charter  in  the  following 
manner:  The  legislative  body  of  any  city  may,  and,  on  a  petition 
therefor,  filed  in  the  office  of  the  mayor,  signed  by  qualified  voters 
of  the  city  equal  in  number  to  two  per  centum  of  those  voting  at 
the  last  preceding  election,  must  provide  by  ordinance  for  an  elec- 
tion to  take  place  not  less  than  thirty  d-ayx  nor  nwre  than  ninety 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       341 

Composite  Amendments 

days  thereafter,  of  a  board  of  not  less  than  ten  nor  more  than  thirty 
members  to  prepare  and  propose  a  charter  for  such  city.  It  shall 
be  the  duty  of  said  board  within  one  year  thereafter  to  prepare  and 
propose  a  charter  for  such  city,  which  shall  be  signed  in  duplicate 
by  the  members  thereof  or  a  majority  of  them,  and  returned,  one 
copy  thereof  to  the  mayor,  and  the  other  to  the  secretary  of  state. 
Such  proposed  charter  shall  then  be  published  daily  in  two  papers 
of  general  circulation  in  such  city  for  at  least  ten  days,  and  within 
not  less  than  thirty  days  and  not  more  than  ninety  days  after  such 
publication,  shall  be  submitted  to  the  qualified  voters  of  such  city 
at  a  special  or  general  municipal  election,  and  the  legislative  body 
of  said  city  shall  provide  by  ordinance  for  the  holding  of  such  spe- 
cial election  unless  a  general  municipal  election  shall  be  held  within 
the  time  hereinbefore  prescribed.  If  a  majority  of  the  qualified 
voters  of  the  city  voting  thereon  shall  ratify  the  same,  it  shall 
thereafter  be  submitted  to  the  legislature  for  its  approval  or  re- 
jection as  a  whole  without  power  of  alteration  or  amendment. 
Such  approval  may  be  made  by  a  concurrent  resolution,  and  if 
approved  by  a  majority  vote  of  the  members  of  each  house,  it  shall, 
upon  the  first  day  of  January  next  succeeding  the  date  of  approval, 
become  the  charter  of  such  city  and  the  organic  law  thereof,  and 
shall  supersede  and  repeal  all  laws  inconsistent  therewith  except 
laws  applicable  to  all  persons  or  classes  of  persons  throughout  the 
state,  and  shall  repeal  any  existing  charter  and  all  amendments 
thereof,  provided  however,  that  until  the  said  first  day  of  January 
all  laws  affecting  said  city  shall  remain  in  full  force  and  effect. 
A  copy  of  such  charter  duly  certified  by  the  mayor  of  such  city, 
setting  forth  its  submission  to  the  legally  qualified  voters  of  the 
city  and  its  ratification  by  them,  shall  be  made  in  duplicate,  and 
deposited,  one  in  the  office  of  the  secretary  of  state,  and  the  other 
among  the  archives  of  the  city.  The  charter  so  adopted  may  be 
amended  at  intervals  of  not  less  than  two  years  by  proposals  there- 
for which  the  legislative  body  of  said  city  may  submit  at  the  next 
city  election,  held  at  least  sixty  days  after  the  adoption  of  the  pro- 
posed amendments.  When  requested  by  a  petition  filed  in  the  office 
of  the  mayor,  signed  by  qualified  voters  of  said  city  equal  in  num- 
ber to  two  per  centum  of  those  voting  at  the  last  preceding  city 
election,  the  legislative  body  of  said  city  must  submit,  at  intervals 
of  not  less  than  two  years,  at  the  next  city  election,  the  amendments 
proposed  in  the  petition.  Each  such  proposed  amendment  before 


342  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

it  goes  into  effect  must  be  ratified  by  a  majority  of  the  qualified 
voters  voting  thereon  and  approved  by  the  legislature  a-s  herein  pro- 
vided for  the  adoption  of  the  charter.  In  submitting  any  such  pro- 
posal any  alternative  article  or  proposition  may  be  presented  for 
the  choice  of  the  voters,  and  may  be  voted  on  separately  ivithout 
prejudice  to  others. 

Art.  12,  §  5.*  All  elections  of  city  officers,  including  supervisors 
and  judicial  officers  of  inferior  local  courts,  elected  in  any  city 
or  part  of  a  city,  and  of  county  officers  elected  in  the  counties  of 
New  York  and  Kings,  and  in  all  counties  whose  boundaries  are  the 
same  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held  on 
the  Tuesday  succeeding  the  first  Monday  in  November  in  an  odd- 
numbered  year,  and  the  term  of  every  such  officer  shall  expire  at 
the  end  of  an  odd-numbered  year.  The  terms  of  office  of  all  such 
officers  elected  before  the  first  day  of  January,  one  thousand  eight 
hundred  and  ninety-five,  whose  successors  have  not  then  been 
elected,  which  under  existing  laws  would  expire  with  an  even- 
numbered  year,  or  in  an  odd-numbered  year  and  before  the  end 
thereof,  are  extended  to  and  including  the  last  day  of  December 
next  following  the  time  when  such  terms  would  otherwise  expire; 
the  terms  of  office  of  all  such  officers,  which  under  existing  laws 
would  expire  in  an  even-numbered  year,  and  before  the  end  thereof, 
are  abridged  so  as  to  expire  at  the  end  of  the  preceding  year.  This 
section  shall  not  apply  to  any  city  of  the  third  class,  or  to  elections 
of  any  judicial  officer,  except  judges  and  justices  of  inferior  local 
courts. 

1904.     S.  No.  1127  (Int.  852).     (Same  as  A.  No.  1773.) 

S.  J.  888. 

A.  No.  1773  (Int.  1277).     (Same  as  S.  No.  1127.) 
A.  J.  1640. 

Art.  12,  §  1.  It  shall  be  the  duty  of  the  legislature  to  provide  for 
the  organization  of  cities  and  incorporated  villages,  and  to  re- 
strict their  power  of  taxation,  assessment,  borrowing  money,  con- 
tracting debts,  and  loaning  their  credit,  so  as  to  prevent  abuses 
in  assessments,  and  in  contracting  debt  by  such  municipal  cor- 
porations^ and  the  legislature  may  regulate  and  fix  the  wages 
or  salaries,  the  hours  of  work  or  labor,  and  make  provision  for  the 
protection,  welfare  and  safety  of  persons  employed  by  the  state  or 
by  any  county,  city,  town,  village  or  other  civil  division  of  the 

*  Proposed  new  $  5  is  identical  with  original  §  3. 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       343 
Composite  Amendments 

state,  or  by  any  contractor  or  subcontractor  performing  work, 
labor  or  services  for  the  state,  or  for  any  county,  city,  town,  village 
or  other  civil  division  thereof]. 

Art.  12,  §  2.  All  cities  are  classified  according  to  the  latest  state 
enumerations,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  two  hundred  and 
fifty  thousand  or  more;  the  second  class,  all  cities  having  a  popu- 
lation of  fifty  thousand  and  less  than  two  hundred  and  fifty  thou- 
sand ;  the  third  class,  all  other  cities.  [Laws  relating  to  the  prop- 
erty, affairs  [or]  and  government  of  cities,  and  the  several  depart- 
ments thereof,  are  divided  into  general  and  special  city  laws; 
general  city  laws  are  those  which  relate  to  all  the  cities  of  one 
or  more  classes ;  special  city  laws  are  those  which  relate  to  a  sin- 
gle city,  or  to  less  than  all  the  cities  of  a  class.]  Subject  to 
the  limitations  contained  in  the  constitution  and  in  such  laws 
of  the  state  as  are  applicable  to  all  persons  or  all  persons  of  a 
class,  throughout  the  state  and  in  any  law  applicable  to  any  city 
or  cities  of  the  state  as  hereafter  enacted  in  the  manner  herein- 
after provided,  every  city  within  the  state  shall,  by  the  adoption 
of  a  charter  as  hereinafter  provided,  be  and  become  vested  with 
power  to  acquire,  hold,  manage,  control  and  dispose  of  property, 
to  license  and  regulate  all  trades,  occupations  and  businesses  and 
to  perform  and  render  all  public  services,  and  with  all  powers 
of  municipal  government;  also  with  power  to  prescribe  for  all 
city  employees  and  for  all  employees  of  contractors  or  of  sub- 
contractors or  of  others  performing  work  for  the  city,  the  maxi- 
mum number  of  hours  in  their  workday  and  the  rate  of  their 
compensation,  and  may  provide  that  in  each  occupation  concerned 
the  compensation  so  paid  shall  not  be  below  the  prevailing  local 
rate  of  wages.* 

Art.  12,  §  #.f  [Special  city  laws]  No  law  applicable  to  any 
city  or  cities  within  the  state  shall  [not]  be  passed  except  in 
conformity  with  the  provisions  of  this  section.  After  any  bill  for 
a  [special]  city  law  [relating  to  a  city]  has  been  passed  by  both 
branches  of  the  legislature,  the  house  in  which  it  originated  shall 
immediately  transmit  a  certified  copy  thereof  to  the  mayor  of 
[such]  the  city  or  cities  affected  thereby,  and  within  fifteen  days 
thereafter  the  mayor  shall  return  such  bill  to  the  house  from  which 

*  The  remainder  of  original  $  2  is  contained  in  proposed  new  $  3. 
t  Proposed  new  $  3  contains  part  of  original  §  2. 


344  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

it  was  sent  [or]  and  if  the  session  of  the  legislature  at  which  such 
bill  was  passed  has  terminated,  to  the  governor,  with  the  mayor's 
certificate  thereon,  stating  whether  the  city  has  or  has  not  accepted 
the  same.  In  every  city  [of  the  first  class]  the  mayor  or  such 
other  local  authority  as  the  charter  may  provide  [and  in  every 
other  city  the  mayor  and  the  legislative  body  thereof  concurrently] 
shall  act  for  such  city  as  to  such  bill;  [but  the  legislature  may 
provide  for  the  concurrence  of  the  legislative  body  in  cities  of 
the  first  class.]:  The  legislature  shall  provide  for  a  public  notice 
and  an  opportunity  for  a  public  hearing  concerning  any  such  bill 
in  every  city  to  which  it  relates,  before  action  thereon.  Such  a 
bill,  if  it  relates  to  more  than  one  city,  shall  be  transmitted  to  the 
mayor  of  each  city  to  which  it  relates,  and  shall  not  be  deemed 
accepted  unless  accepted  as  herein  provided  by  every  such  city. 
Whenever  any  such  bill  is  accepted,  as  herein  provided,  it  shall  be 
subject,  as  are  other  bills,  to  the  action  of  the  governor.  When- 
ever, during  the  session  at  which  it  is  passed,  any  such  bill  is  re- 
turned without  the  acceptance  of  the  city  or  cities  to  which  it  re- 
lates, or  within  such  fifteen  days  is  not  returned,  it  may  neverthe- 
less again  be  passed  by  both  branches  of  the  legislature,  by  the  af- 
firmative vote  of  two-thirds  of  all  the  members  of  each  such  branch 
of  the  legislature,  and  it  shall  then  be  subject,  as  are  other  bills, 
to  the  action  of  the  governor.  In  every  [special]  city  law  which 
has  been  accepted  by  the  city  or  cities  to  which  it  relates  the  title 
shall  be  followed  by  the  words  " Accepted  by  the  city  of 

,"  or  "  cities  of /'as  the  case  may  be;  in 

every  such  law  which  is  passed  without  such  acceptance,  by  the 

words  "  Passed  without  the  acceptance  of  the  city  of " 

or  "  cities  of ,"  as  the  case  may  be. 

Art.  12,  §  4-  Proposal  to  add  the  following  new  section:) 
Subject  to  the  limitations  contained  in  the  constitution  and 
in  such  laws  of  the  state  as  are  applicable  to  all  persons  or 
all  persons  of  a  class  throughout  the  state  and  in  any  law  appli- 
cable to  any  city  or  cities  of  the  state  as  hereafter  enacted  in  the 
manner  hereinbefore  provided,  any  city  may  adopt  its  own  char- 
ter and  successive  charters  at  intervals  of  not  less  than  two  years, 
in  the  following  manner:  The  legislative  body  of  any  city  may, 
and,  on  a  petition  therefor,  filed  in  the  office  of  the  mayor,  signed 
by  qualified  voters  of  the  city  equal  in  number  to  two  per  centum 
of  those  voting  at  the  last  preceding  election,  must  provide  by 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895—1914       345 
Composite  Amendments 

ordinance  for  an  election  by  the  qualified  voters  of  the  city  to  take 
place  not  less  than  thirty  days  nor  more  than  ninety  days  there- 
after, of  a  board  of  not  less  than  ten  nor  more  than  thirty  mem- 
bers who  shall  be  qualified  electors  of  the  city,  to  prepare  and  pro- 
pose a  charter  for  such  city.  It  shall  be  the  duty  of  said  board 
within  one  year  thereafter  to  prepare  and  propose  a  charter  for 
such  city,  which  shall  be  signed  in  duplicate  by  the  members 
thereof  or  a  majority  of  them,  and  returned,  one  copy  thereof  to 
the  mayor,  and  the.  other  to  the  secretary  of  state.  Such  pro- 
posed charter  shall  then  be  published  daily  in  two  papers  of  gen- 
eral circulation  in  such  city  for  at  least  ten  days,  and  within  not 
less  than  thirty  days  and  not  more  than  ninety  days  after  such 
publication,  shall  be  submitted  to  the  qualified  voters  of  such 
city  at  a  special  or  general  municipal  election,  and  the  legisla- 
tive body  of  said  city  shall  provide  by  ordinance  for  the  holding 
of  such  special  election  unless  a  general  municipal  election  shall 
be  held  withirb  the  time  hereinbefore  prescribed.  If  a  majority  of 
the  qualified  voters  of  the  city  voting  thereon  shall  ratify  the 
same,  it  shall  thereafter  be  submitted  to  the  legislature  for  its 
approval  or  rejection  as  a  whole  without  power  of  alteration  or 
amendment.  Sucli  approval  may  be  made  by  a  concurrent  reso- 
lution, and  if  approval  by  a  majority  vote  of  the  members  of  each 
house,  it  shall  upon  the  first  day  of  January  next  succeeding  the 
date  of  approval,  become  the  charter  of  such  city  and  the  organic 
law  thereof,  and  shall  supersede  arid  repeal  all  laws  inconsistent 
therewith  except  laws  applicable  to  all  persons  or  classes  of  per- 
sons throughout  the  state,  and  shall  repeal  any  existing  charter 
and  all  amendments  thereof,  provided  however,  that  until  the 
said  first  day  of  January  all  laws  affecting  said  city  shall  remam 
in  full  force  and  effect.  A  copy  of  such  charter  duly  certified  by 
the  mayor  of  such  city,  setting  forth  its  submission  to  the  legally 
qualified  voters  of  the  city  and  its  ratification  by  them,  shall  be 
made  in  duplicate,  and  deposited,  one  in  the  office  of  the  secre- 
tary of  state,  and  the  other  among  the  archives  of  the  city.  The 
charter  so  adopted  may  be  amended  at  intervals  of  not  less  than 
two  years  by  proposals  therefor  which  the  legislative  body  of 
said  city  may  submit  at  the  next  city  election,  held  at  least  sixty 
days  after  the  adoption  of  an  ordinance  proposing  such  amend- 
ments. When  requested  by  a  petition  filed  in  the  office  of  the 
mayor,  signed  by  qualified  voters  of  said  city  equal  in  number  to 


346  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

two  per  centum  of  those  .voting  at  the  last  preceding  city  election, 
the  legislative  body  of  said  city  must  submit,  at  intervals  of  not 
less  than  two  years,  at  the  next  city  election,  the  amendments 
proposed  in  the  petition.  Each  such  proposed  amendment  before 
it  goes  into  effect  must  be  ratified  by  a  majority  of  the  qualified 
voters  voting  thereon  and  approved  by  the  legislature  as  herein 
provided  for  the  adoption  of  the  charter.  In  submitting  any  such 
proposal  any  alternative  article  or  proposition  may  be  presented 
for  the  choice  of  the  voters,  and  may  be  voted  on  separately  with- 
out prejudice  to  others. 

Art.  12,  §  5.*  All  elections  of  city  officers,  including  super- 
visors and  judicial  officers  of  inferior  local  courts  elected  in  any 
city,  or  part  of  a  city,  and  of  county  officers  elected  in  the  counties 
of  New  York  and  Kings,  and  in  all  counties  whose  boundaries  are 
the  same,  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  in  November  in  an 
odd-numbered  year,  and  the  term  of  every  such  officer  shall  expire 
at  the  end  of  an  odd-numbered  year.  The  terms  of  office  of  all  such 
officers  elected  before  the  first  day  of  January,  one  thousand  eight 
hundred  and  ninety-five,  whose  successors  have  not  then  been 
elected,  which  under  existing  laws  would  expire  with  an  even-num- 
bered year,  or  in  an  odd-numbered  year  and  before  the  end  thereof, 
are  extended  to  and  including  the  last  day  of  December  next  fol- 
lowing the  time  when  such  terms  would  otherwise  expire ;  the 
terms  of  office  of  all  such  officers,  which  under  existing  laws  would 
expire  in  an  even-numbered  year,  and  before  the  end  thereof,  are 
abridged  so  as  to  expire  at  the  end  of  the  preceding  year.  This 
section  shall  not  apply  to  any  city  of  the  third  class,  or  to  elections 
of  any  judicial  officer,  except  judges  and  justices  of  inferior  local 
courts. 

1905.     S.  No.  140  (Int.  140). 
S.  J.  59. 

Art.  12,  §  1.  It  shall  be  the  duty  of  the  legislature  to  provide 
for  the  organization  of  cities  and  incorporated  villages,  and  to 
restrict  their  power  of  taxation,  assessment,  borrowing  money, 
contracting  debts,  and  loaning  their  credit,  so  as  to  prevent  abuses 
in  assessments,  and  in  contracting  debt  by  such  municipal  cor- 
porations. 


*  Proposed  new  §  5  is  identical  with  original  $  3. 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       347 
Composite  Amendments 

Art.  12,  §  2.  All  cities  are  classified  according  to  the  latest 
state  enumerations,  as  from  time  to  time  made,  as  follows :  The 
first  class  includes  all  cities  having  a  population  of  two  hundred 
and  fifty  thousand  or  more;  the  second  class,  all  cities  having  a 
population  of  fifty  thousand  and  less  than  two  hundred  and  fifty 
thousand;  the  third  class,  all  other  cities.  [Laws  relating  to  the 
property,  affairs  [or]  and  government  of  cities,  and  the  several 
departments  thereof,  are  divided  into  general  and  special  city 
laws;  general  city  laws  are  those  which  relate  to  all  the  cities  of 
one  or  more  classes ;  special  city  laws  are  those  which  relate  to  a 
single  city,  or  to  less  than  all  the  cities  of  a  class.]  Subject  to  the 
limitations  contained  in  the  constitution  and  in  such  laws  of  the 
state  as  are  applicable  to  all  persons  or  all  persons  of  a  class, 
throughout  the  state  and  in  any  law  applicable  to  any  city  or  cities 
of  the  state  as  hereafter  enacted  in  the  manner  hereinafter  pro- 
vided, every  city  within  the  state  shall,  by  the  adoption  of  a 
charter  as  hereinafter  provided,  be  and  become  vested  with  power 
to  acquire,  hold,  manage,  control  and  dispose  of  property^  to 
license  and  regulate  all  trades,  occupations  and  businesses  and 
to  perform  and  render  all  public  services,  and  with  all  powers  of 
municipal  government;  also  with  power  to  prescribe  for  all  city 
employees  and  for  all  employees  of  contractors  or  of  sub-con- 
tractors or  of  others  performing  work  for  the  city,  the  maximum 
number  of  hours  in  their  work-day  and  the  rate  of  their  compen- 
sation, and  may  provide  that  in  each  occupation  concerned  the 
compensation  so  paid  shall  not  be  below  the  prevailing  local  rate 
of  wages* 

Art.  12,  §  3.\  [Special  city  laws]  No  law  applicable  to  any  city 
or  cities  within  the  state  shall  [not]  be  passed  except  in  conform- 
ity with  the  provisions  of  this  section.  After  any  bill  for  a 
[special]  city  law  [relating  to  a  city]  has  been  passed  by  both 
branches  of  the  legislature,  the  house  in  which  it  originated  shall 
immediately  transmit  a  certified  copy  thereof  to  the  mayor  of 
[such]  the  city  or  cities  affected  thereby,  and  within  fifteen  days 
thereafter  the  mayor  shall  return  such  bill  to  the  house  from  which 
it  was  sent  [or]  and  if  the  session  of  the  legislature  at  which 
such  bill  was  passed  has  terminated,  to  the  governor  with  the 
mayor's  certificate  thereon,  stating  whether  the  city  has  or  has  not 

*  The  remainder  of  original  §  2  is  contained  in  proposed  new  §  3. 
t  Proposed  new  $  3  contains  part  of  original  §  2. 


848  NEW  YOKK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

accepted  the  same.  In  every  city  [of  the  first  class]  the  mayor 
or  such  other  local  authority  as  the  charter  may  provide  [and  in 
every  other  city  the  mayor  and  the  legislative  body  thereof  concur- 
rently] shall  act  for  such  city  as  to  such  bill ;  [but  the  legislature 
may  provide  for  the  concurrence  of  the  legislative  body  in  cities 
of  the  first  class.]  The  legislature  shall  provide  for  a  public 
notice  and  an  opportunity  for  a  public  hearing  concerning  any 
such  bill  in  every  city  to  which  it  relates,  before  action  thereon. 
Such  a  bill,  if  it  relates  to  more  than  one  city,  shall  be  transmitted 
to  the  mayor  of  each  city  to  which  it  relates,  and  shall  not  be 
deemed  accepted  unless  accepted  as  herein  provided,  by  every  such 
city.  Whenever  any  such  bill  is  accepted,  as  herein  provided,  it 
shall  be  subject,  as  are  other  bills,  to  the  action  of  the  governor. 
Whenever,  during  the  session  at  which  it  [was]  is  passed,  any 
such  bill  is  returned  without  the  acceptance  of  the  city  or  cities 
to  which  it  relates,  or  within  such  fifteen  days  is  not  returned, 
it  may  nevertheless  again  be  passed  by  both  branches  of  the  legis- 
lature, by  the  affirmative  vote  of  two-thirds  of  all  the  members  of 
each  such  branch  of  the  legislature,  and  it  shall  then  be  subject, 
as  are  other  bills,  to  the  action  of  the  governor.  In  every  [special] 
city  law  which  has  been  accepted  by  the  city  or  cities  to  which  it 
relates  the  title  shall  be  followed  by  the  words  Accepted  by  the  city 

of ,  or  cities  of ,  as  the  case 

may  be;  in  every  such  law  which  is  passed  without  such  accept- 
ance, by  the  words  Passed  without  the  acceptance  of  the  city  of 

,  or  cities  of ,  as  the  case 

may  be. 

Art.  12,  §  4>  (Proposal  to  add  the  following  new  section:) 
Subject  to  the  limitations  contained  in  the  constitution  and  in 
such  laws  of  the  state  as  are  applicable  to  all  persons  or  all  per- 
sons of  a  class  throughout  the  state  and  in  any  law  applicable  to 
any  city  or  cities  of  the  state  as  hereafter  enacted  in  the  manner 
hereinbefore  provided,  any  city  may  adopt  its  own  charter  and 
successive  charters  at  intervals  of  not  less  than  two  years,  in  the 
following  manner:  The  legislative  body  of  any  city  may,  and, 
on  a  petition  therefor,  filed  in  the  office  of  the  mayor,  signed  by 
qualified  voters  of  the  city  equal  in  number  to  two  per  centum 
of  those  voting  at  the  last  preceding  election,  must  provide  by 
ordinance  for  an  election  by  the  qualified  voters  of  the  city  to 
take  place  not  less  than  thirty  days  nor  more  than  ninety  days 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       349 
Composite  Amendments 

thereafter,  of  a  board  of  not  less  than  ten  nor  more  than  thirty 
members  who  shall  be  qualified  electors  of  the  city,  to  prepare 
and  propose  a  charter  for  such  city.  It  shall  be  the  duty  of  said 
board  ivithin  one  year  thereafter  to  prepare  and  propose  a  charter 
for  such  city,  which  shall  be  signed  in  duplicate  by  the  members 
thereof  or  a  majority  of  them,  and  returned,  one  copy  thereof  to 
the  mayor,  and  the  other  to  the  secretary  of  state.  Such  pro- 
posed charter  shall  then  be  published  daily  in  two  papers  of  gen- 
eral circulation  in  such  city  for  at  least  ten  days,  and  within  not 
less  than  thirty  days  and  not  more  than  ninety  days  after  such 
publication,  shall  be  submitted  to  the  qualified  voters  of  such  city 
at  a  special  or  general  municipal  election,  and  the  legislative  body 
of  said  city  shall  provide  by  ordinance  for  the  holding  of  such 
special  election  unless  a  general  municipal  election  shall  be  held 
ivithin  the  time  hereinbefore  prescribed.  If  a  majority  of  the 
qualified  voters  of  the  city  voting  thereon  shall  ratify  the  same, 
it  shall  thereafter  be  submitted  to  the  legislature  for  its  approval 
or  rejection  as  a  whole  without  power  of  alteration  or  amendment. 
Such  approval  may  be  made  by  a  concurrent  resolution,  and  if 
approved  by  a  majority  vote  of  the  members  of  each  house,  it 
shall  upon  the  first  day  of  January  next  succeeding  the  date  of 
approval,  become  the  charter  of  such  city  and  the  organic  law 
thereof,  and  shall  supersede  and  repeal  all  laws  inconsistent  there- 
with except  laws  applicable  to  all  persons  or  classes  of  persons 
throughout  the  state,  and  shall  repeal  any  existing  charter  and  all 
amendments  thereof,  provided  however,  that  until  the  said  first 
day  of  January  all  laws  affecting  said  city  shall  remain  in  full 
force  and  effect.  A  copy  of  such  charter  duly  certified  by  the 
mayor  of  such  city,  setting  forth  its  submission  to  the  legally 
qualified  voters  of  the  city  and  its  ratification  by  them,  shall  be 
made  in  duplicate,  and  deposited,  one  in  the  office  of  the  secre- 
tary of  state,  and  the  other  among  the  archives  of  the  city.  The 
charter  so  adopted  may  be  amended  at  intervals  of  not  less  than 
two  years  by  proposals  therefor  which  the  legislative  body  of  said 
city  may  submit  at  the  next  city  election,  held  at  least  sixty  days 
after  the  adoption  of  an  ordinance  proposing  such  amendments. 
When  requested  by  a  petition  filed  in  the  office  of  the  mayor, 
signed  by  qualified  voters  of  said  city  equal  in  number  to  two  per 
centum  of  those  voting  at  the  last  preceding  city  election,  the 
legislative  body  of  said  city  must  submit,  at  intervals  of  not  less 


350  NEW  YOEK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

than  tivo  years.,  at  the  next  city  election,  the  amendments  pro- 
posed in  the  petition.  Each  such  proposed  amendment  before  it 
goes  into  effect  must  be  ratified  by  a  majority  of  the  qualified 
voters  voting  thereon  and  approved  by  the  legislature  as  herein 
provided  for  the  adoption  of  the  charter.  In  submitting  any  such 
proposal  any  alternative  article  or  proposition  may  be  presented 
for  the  choice  of  the  voters,  and  may  be  voted  on  separately  with- 
out prejudice  to  others. 

Art.  12,  §  5.*  All  elections  of  city  officers,  including  super- 
visors and  judicial  officers  of  inferior  local  courts  elected  in  any 
city,  or  part  of  a  city,  and  of  county  officers  elected  in  the  coun- 
ties of  New  York  and  Kings,  and  in  all  counties  whose  bounda- 
ries are  the  same  as  those  of  a  city,  except  to  fill  vacancies,  shall 
be  held  on  the  Tuesday  succeeding  the  first  Monday  in  November 
in  an  odd-numbered  year,  and  the  term  of  every  such  officer  shall 
expire  at  the  end  of  an  odd-numbered  year.  The  terms  of  office 
of  all  such  officers  elected  before  the  first  day  of  January,  eigh- 
teen hundred  and  ninety-five,  whose  successors  have  not  then  been 
elected,  which  under  existing  laws  would  expire  with  an  even- 
numbered  year,  or  in  an  odd-numbered  year  and  before  the  end 
thereof,  are  extended  to  and  including  the  last  day  of  December 
next  following  the  time  when  such  terms  would  otherwise  expire ; 
the  terms  of  office  of  all  such  officers,  which  under  existing  laws 
would  expire  in  an  even-numbered  year,  and  before  the  end 
thereof,  are  abridged  so  as  to  expire  at  the  end  of  the  preceding 
year.  This  section  shall  not  apply  to  any  city  of  the  third  class, 
or  to  elections  of  any  judicial  officer,  except  judges  and  justices 
of  inferior  local  courts. 

1905.     A.  No.  112  (Int.  112). 
A.  J.  59. 

Art.  12,  §  1.  It  shall  be  the  duty  of  the  legislature  to  provide 
for  the  organization  of  cities  and  incorporated  villages,  and  to 
restrict  their  power  of  taxation,  assessment,  borrowing  money, 
contracting  debts,  and  loaning  their  credit,  so  as  to  prevent  abuses 
in  assessments  and  in  contracting  debt  by  such  municipal  cor- 
porations^],, by  the  passage  of  general  laws  applicable  alike  to 
all  cities  or  to  all  incorporated  villages,  and  the  legislature  shall 
not  pass  any  special  or  local  bill  affecting  the  municipal  govern- 
ment of  a  city  or  incomporated  village.  Nor  shall  the  legislature 

*  Proposed  new  $  5  is  identical  with  original  §  3. 


II]        AMENDMENTS  ADOPTED  AND  PKOPOSED,  1895-1914       351 
Composite  Amendments 

provide  for  the  filling  of  any  municipal  office  now  existing,  or 
hereafter  to  be  created,  other  than  by  an  election  by  the  electors 
u'ithin  such  municipality,  or  by  appointment  by  a  duly  elected 
officer  of  such  municipality.  The  people  of  every  city  and  incor- 
porated village  shall  have  the  power  to  organize  their  own  munic- 
ipal government  and  to  administer  the  same  for  municipal  pur- 
poses, subject  only  to  such  general  laws  as  the  legislature  may 
enact.  But  every  existing  law  affecting  the  municipal  govern- 
ment of  a  city  or  incorporated  village  shall  remain  in  full  force 
and  effect  until  a  bill  to  amend  or  repeal  such  law  shall  have  been 
submitted  to  the  people  of  the  city  or  incorporated  village  affected 
by  such  law,  at  a  general  election,  and  shall  have  been  voted  for 
by  a  majority  of  the  qualified  electors  of  such  city  or  incorporated 
village  voting  at  such  election.  And  the  legislature  shall  pass  a 
general  law  providing  for  the  organization  of  their  municipal 
governments  by  the  people  of  all  cities  and  incorporated  villages, 
and  for  the  preparation  and  adoption  by  the  municipal  authori- 
ties of  cities  or  incorporated  villages  of  'bills  for  new  municipal 
laws,  and  bills  for  the  amending  or  repeal  of  such  existing  laws, 
and  for  the  submission  of  such  bills  to  the  people  of  the  cities  or 
villages  to  be  affected  thereby,  at  general  elections,  for  the  ap- 
proval or  disapproval  of  the  electors  thereof.  And  the  legisla- 
ture may  regulate  and  fix  the  wages  or  salaries,  the  hours  of  work 
or  labor,  and  make  provision  for  the  protection,  welfare  and  safety 
of  persons  employed  by  the  state  or  by  any  county,  city,  town, 
village  or  other  civil  division  of  the  state,  or  by  any  contractor 
or  subcontractor  performing  work,  labor  or  services  for  the  state, 
or  for  any  county,  city,  town,  village  or  other  civil  division  thereof. 
Art.  12,  §  2.  All  cities  are  classified  according  to  the  latest 
state  enumeration,  as  from  time  to  time  made,  as  follows:  The 
first  class  includes  all  cities  having  a  population  of  one-  hundred 
and  seventy-five  thousand  or  more;  the  second  class,  all  cities 
having  a  population  of  fifty  thousand  and  less  than  one  hundred 
and  seventy-five  thousand ;  the  third  class,  all  other  cities.  [Laws 
relating  to  the  property,  affairs  [of]  or  government  of  cities,  and 
the  several  departments  thereof,  are  divided  into  general  and 
special  city  laws ;  general  city  laws  are  those  which  relate  to  all 
the  cities  of  one  or  more  classes ;  special  city  laws  are  those  which 
relate  to  a  single  city,  or  to  less  than  all  the  cities  of  a  class. 
Special  city  laws  shall  not  be  passed  except  in  conformity  with 


352  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

the  provisions  of  this  section.  After  any  bill  for  a  special  city 
law  relating  to  a  city,  has  been  passed  by  both  branches  of  the 
legislature,  the  house  in  which  it  originated  shall  immediately 
transmit  a  certified  copy  thereof  to  the  mayor  of  such  city,  and 
within  fifteen  days  thereafter  the  mayor  shall  return  such  bill  to 
the  house  from  which  it  was  sent,  or  if  the  session  of  the  legisla- 
ture at  which  such  bill  was  passed  has  terminated,  to  the  governor, 
with  the  mayor's  certificate  thereon,  stating  whether  the  city  has 
or  has  not  accepted  the  same.  In  every  city  of  the  first  class,  the 
mayor,  and  in  every  other  city,  the  mayor  and  the  legislative  body 
thereof  concurrently  shall  act  for  such  city  as  to  such  bills,  but 
the  legislature  may  provide  for  the  concurrence  of  the  legislative 
body  in  cities  of  the  first  class.  The  legislature  shall  provide  for 
a  public  notice  and  opportunity  for  a  public  hearing  concerning 
any  such  bill  in  every  city  to  which  it  relates,  before  action 
thereon.  Such  a  bill,  if  it  relates  to  more  than  one  city,  shall  be 
transmitted  to  the  mayor  of  each  city  to  which  it  relates,  and  shall 
not  be  deemed  accepted  unless  accepted  as  herein  provided,  by 
every  such  city.  Whenever  any  such  bill  is  accepted  as  herein 
provided,  it  shall  be  subject,  as  are  other  bills,  to  the  action  of  the 
governor.  Whenever  during  the  session  at  which  it  was  passed 
any  such  bill  is  returned  without  the  acceptance  of  the  city  or 
cities  to  which  it  relates,  or  within  such  fifteen  days  is  not  re- 
turned, it  may  nevertheless  again  be  passed  by  both  branches  of 
the  legislature,  and  it  shall  then  be  subject  as  are  other  bills,  to 
the  action  of  the  governor.  In  every  special  city  law  which  has 
been  accepted  by  the  city  or  cities  to  which  it  relates,  the  title 
shall  be  followed  by  the  words  "  accepted  by  the  city,"  or  "  cities/' 
as  the  case  may  be;  in  every  such  law  which  is  passed  without 
such  acceptance,  by  the  words  "  passed  without  the  acceptance  of 
the  city,"  or  "  cities,"  as  the  case  may  be.] 

Art.  12,  §  3.  All  elections  of  city  officers,  including  super- 
visors and  judicial  officers  of  inferior  local  courts,  elected  in  any 
city  or  part  of  a  city  and  of  county  officers  elected  in  the  counties 
of  New  York  and  Kings,  and  in  all  counties  whose  boundaries  are 
the  same  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  in  November  in  an 
odd-numbered  year,  and  the  term  of  every  such  officer  shall  ex- 
pire at  the  end  of  an  odd-numbered  year.  The  terms  of  office  of 
all  such  officers  elected  before  the  first  day  of  January,  one  thou- 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       353 
Composite  Amendments 

sand  eight  hundred  and  ninety-five,  whose  successors  have  not 
then  been  elected,  which  under  existing  laws  would  expire  with 
an  even-numbered  year,  or  in  [an]  odd-numbered  year  and  be- 
fore the  end  thereof,  are  extended  to  and  including  the  last  day  of 
December  next  following  the  time  when  such  terms  would  other- 
wise expire;  the  terms  of  office  of  all  such  officers,  which  under 
existing  laws  would  expire  in  an  even-numbered  year,  and  before 
the  end  thereof,  are  abridged  so  as  to  expire  at  the  end  of  the 
preceding  year.  This  section  shall  not  apply  [to  any  city  of  the 
third  class,  or]  to  elections  of  any  judicial  officer,  except  judges 
and  justices  of  inferior  local  courts. 

1910.     S.  No.  1671  (Int.  947). 
S.  J.  763,  1766. 

Art.  12,  §  1.  It  shall  be  the  duty  of  the  legislature  to  provide 
for  the  organization  of  cities  and  incorporated  villages,  and  to  re- 
strict their  power  of  taxation,  assessment,  borrowing  money,  con- 
tracting debts,  and  loaning  their  credit,  so  as  to  prevent  abuses  in 
assessments  and  in  contracting  debt  by  such  municipal  corpora- 
tions^], by  the  passage  of  general  laws  applicable  alike  to  all 
cities  or  to  all  incorporated  villages.,  and  the  legislature  shall  not 
pass  any  special  or  local  bill  affecting  the  municipal  government 
of  a  city  or  incorporated  village.  Nor  shall  the  legislature  pro- 
vide for  the  filling  of  any  municipal  office  now  existing,  or  here- 
after to  be  created,  other  than  by  an  election  by  the  electors  within 
such  municipality,  or  by  appointment  by  a  duly  elected  officer  of 
such  municipality.  The  people  of  every  city  and  incorporated 
village  shall  have  the  power  to  organize  their  own  municipal  gov- 
ernment and  to  administer  the  same  for  municipal  purposes,  sub- 
ject only  to  such  general  laws  as  the  legislature  may  enact.  But 
every  existing  law  affecting  the  municipal  government  of  a  city 
or  incorporated  village  shall  remain  in  full  force  and  effect  until 
a  bill  to  amend  or  repeal  such  law  shall  have  been  submitted  to 
the  people  of  the  city  or  incorporated  village  affected  by  such  law, 
at  a  general  election,  and  shall  have  been  voted  for  by  a  majority 
of  the  qualified  electors  of  such  city  or  incorporated  village  voting 
at  such  election.  And  the  legislature  shall  pass  a  general  law 
providing  for  the  organization  of  their  municipal  governments  by 
the  people  of  all  cities  and  incorporated  villages,  and  for  the  prep- 
aration and  adoption  by  the  municipal  authorities  of  cities  or 


354  KEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

incorporated  villages  of  bills  for  new  municipal  laws,  and  bills  for 
the  amending  or  repeal  of  such  existing  laws,  and  for  the  submis- 
sion of  such  bills  to  the  people  of  the  cities  or  villages  to  be  af- 
fected thereby,  at  general  elections,  for  the  approval  or  disap- 
proval of  the  electors  thereof.  And  the  legislature  may  regulate 
and  fix  the  wages  or  salaries,  the  hours  of  work  or  labor,  and  make 
provision  for  the  protection,  welfare  and  safety  of  persons  em- 
ployed by  the  State  or  by  any  county,  city,  town,  village  or  other 
civil  division  of  the  State,  or  by  any  contractor  or  subcontractor 
performing  work,  labor  or  services  for  the  State,  or  for  any  county, 
city,  town,  village  or  other  civil  division  thereof. 

Art.  12,  §  2.  All  cities  are  classified  according  to  the  latest  state 
enumeration,  as  from  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  one  hundred  and 
seventy-five  thousand  or  more;  the  second  class,  all  cities  having 
a  population  of  fifty  thousand  and  less  than  one  hundred  and 
seventy-five  thousand;  the  third  class,  all  other  cities.  p.aws 
relating  to  the  property,  affairs  or  government  of  cities,  and  the 
several  departments  thereof,  are  divided  into  general  and  special 
city  laws ;  general  city  laws  are  'those  which  relate  to  all  the  cities 
of  one  or  more  classes;  special  city  laws  are  those  which  relate 
to  a  single  city,  or  to  less  than  all  the  cities  of  a  class.  Special 
city  laws  shall  not  be  passed  except  in  conformity  with  the  pro- 
visions of  this  section.  After  any  bill  for  a  special  city  law,  re- 
lating to  a  city,  has  been  passed  by  both  branches  of  the  Legisla- 
ture, the  house  in  which  it  originated  shall  immediately  transmit 
a  certified  copy  thereof  to  the  mayor  of  such  city,  and  within  fif- 
teen days  thereafter  the  mayor  shall  return  such  bill  to  the  house 
from  which  it  was  sent,  or  if  the  session  of  the  Legislature  at  which 
such  bill  was  passed  has  terminated,  to  the  Governor,  with  the 
mayor's  certificate  thereon,  stating  whether  the  city  has  or  has  not 
accepted  the  same.  In  every  city  of  the  first  class,  the  mayor,  and 
in  every  other  city,  the  mayor  and  the  legislative  body  thereof  con- 
currently, shall  act  for  such  city  as  to  such  bills ;  but  the  Legisla- 
ture may  provide  for  the  concurrence  of  the  legislative  body  in 
cities  of  the  first  class.  The  Legislature  shall  provide  for  a  public 
notice  and  opportunity  for  a  public  hearing  concerning  any  such 
bill  in  every  city  to  which  it  relates,  before  action  thereon.  Such 
a  bill,  if  it  relates  to  more  than  one  city,  shall  be  transmitted  to 
the  mayor  of  each  city  to  which  it  relates,  and  shall  not  be  deemed 


II]-      AMENDMENTS  ADOPTED  AND  PROPOSED,   1895-1914       355 
Composite  Amendments 

accepted  unless  accepted  as  herein  provided,  by  every  such  city. 
Whenever  any  such  bill  is  accepted  as  herein  provided,  it  shall 
be  subject  as  are  other  bills,  to  the  action  of  the  Governor.  When- 
ever, during  the  session  at  which  it  was  passed,  any  such  bill  is  re- 
turned without  the  acceptance  of  the  city  or  cities  to  which  it  re- 
lates, or  within  such  fifteen  days  is  not  returned,  it  may  neverthe- 
less again  be  passed  by  both  branches  of  the  legislature,  and  it 
shall  then*  be  subject  as  are  other  bills,  to  the  action  of  the  Gover- 
nor. In  every  special  city  law  which  has  been  accepted  by  the 
city  or  cities  to  which  it  relates,  the  title  shall  be  followed  by  the 
words  "accepted  by  the  city,"  or  "  cities,"  as  the  case  may  be;  in 
every  such  law  which  is  passed  without  such  acceptance,  by  the 
words  "  passed  without  the  acceptance  of  the  city,"  or  "  cities," 
as  the  case  may  be.  J 

Art.  12,  §  3.  All  elections  of  city  officers,  including  supervisors 
and  judicial  officers  of  inferior  local  courts,  elected  in  any  city 
or  part  of  a  city,  and  of  county  officers  elected  in  the  counties 
of  New  York  and  Kings,  and  in  all  counties  whose  boundaries  are 
the  same  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  in  November  in  an 
odd-numbered  year,  and  the  term  of  every  such  officer  shall  ex- 
pire at  the  end  of  an  odd-numbered  year.  The  terms  of  office  of 
all  such  officers  elected  before  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  ninety-five,  whose  successors  have  not  then 
been  elected,  which  under  existing  laws  would  expire  with  an  even- 
numbered  year,  or  in  an  odd-numbered  year  and  before  the  end 
thereof,  are  extended  to  and  including  the  last  day  of  December 
next  following  the  time  when  such  terms  would  otherwise  expire ; 
the  terms  of  office  of  all  such  officers,  which  under  existing  laws 
would  expire  in  an  even-numbered  year,  and  before  the  end  thereof, 
are  abridged  so  as  to  expire  at  the  end  of  the  preceding  year.  This 
section  shall  not  apply  [to  any  city  of  the  third  class,  or]  to  elec- 
tions of  any  judicial  officer,  except  judges  and  justices  of  inferior 
local  courts. 

1911.     S.  No.  203  (Int.  199).     To  Sec.  of  State. 

S.  J.  84,  1746,  2358,  2472. 

A.  J.  4047,  4178,  4182,  4213. 
1913.     A.  No.  480    (Int.  475). 

A.  J.  143. 

Art.  12,  §  1.  It  shall  be  the  duty  of  the  legislature  to  provide 
for  the  organization  of  cities  and  incorporated  villages,  and  to 


356  XEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

restrict  their  power  of  taxation,  assessment,  borrowing  money, 
contracting  debts,  and  loaning  their  credit,  so  as  to  prevent  abuses 
in  assessments  and  in  contracting  debt  by  such  municipal  corpora- 
tions; and  the  legislature  may  regulate  and  fix  the  wages  or  sal- 
aries, the  hours  of  work  or  labor,  and  make  provision  for  the  pro- 
tection, welfare,  and  safety  of  persons  employed  by  the  state  or 
by  any  county,  [city]  town,  village,  or  other  civil  division  of  the 
state,  or  by  any  contractor  or  subcontractor  performing  work,  labor 
or  services  for  the  state,  or  for  any  county,  city,  town,  village  or 
other  civil  division  thereof. 

Art.  12,  §  2.  All  cities  are  classified  according  to  the  latest  state 
enumeration,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  one  hundred  and 
seventy-five  thousand  or  more;  the  second  class,  all  cities  having 
a  population  of  fifty  thousand  and  less  than  one  hundred  and 
seventy-five  thousand ;  the  third  class,  all  other  cities.  All  Z[I/|aws 
relating  to  the  property,  affairs  or  government  of  cities,  and  the 
several  departments  thereof  are  included  in  the  term  "  city  laws  " 
as  used  in  this  article  and  are  divided  into  general  and  special  city 
laws ;  general  city  laws  are  those  which  relate  to  all  the  cities  of 
one  or  more  classes;  special  city  laws  are  those  which  relate  to  a 
single  city  or  to  less  than  all  the  cities  of  a  class.  Special  city  lawa 
shall  not  be  passed  except  in  conformity  with  the  provisions  of 
this  section.  After  any  bill  for  a  special  city  law,  relating  to  a 
city,  has  been  passed  by  both  branches  of  the  legislature,  the  house 
in  which  it  originated  shall  immediately  transmit  a  certified  copy 
thereof  to  the  mayor  of  such  city,  and  within  fifteen  days  there- 
after the  mayor  shall  return  such  bill  to  the  house  from  which  it 
was  sent,  or  if  the  session  of  the  legislature  at  which  such  bill 
was  passed  has  terminated,  to  the  governor,  with  the  mayor's  cer- 
tificate thereon,  stating  whether  the  city  has  or  has  not  accepted 
the  same.  In  every  city  of  the  first  class,  the  mayor,  and  in  every 
other  city  the  mayor  and  the  legislative  body  thereof  concurrently, 
shall  act  for  such  city  as  to  such  bill ;  but  the  legislature  may  pro- 
vide for  the  concurrence  of  the  legislative  body  in  cities  of  the 
first  class.  The  legislature  shall  provide  for  a  public  notice  and 
opportunity  for  a  public  hearing  concerning  any  such  bill  in  every 
city  to  which  it  relates,  before  action  thereon.  Such  a  bill,  if  it 
relates  to  more  than  one  city,  shall  be  transmitted  to  the  mayor 
of  each  city  to  which  it  relates,  and  shall  not  be  deemed  accepted 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,   1895-1914       357 
Composite  Amendments 

unless  accepted  as  herein  provided,  by  every  such  city.  Whenever 
any  such  bill  is  accepted  as  herein  provided,  it  shall  be  subject,  as 
are  other  bills,  to  the  action  of  the  governor.  Whenever,  during 
the  session  at  which  it  was  passed,  any  such  bill  is  returned  with- 
out the  acceptance  of  the  city  or  cities  to  which  it  relates,  or 
within  such  fifteen  days  is  not  returned,  it  may  nevertheless  again 
be  passed  [by  both]  with  the  assent  of  two-thirds  of  the  members 
elected  to  each  branch[esj  of  the  legislature,  and  it  shall  then  be 
subject  as  are  other  bills,  to  the  action  of  the  governor.  In  every 
special  city  law  which  has  been  accepted  by  the  city  or  cities  to 
which  it  relates,  the  title  shall  be  followed  by  the  words  "  accepted 
by  the  city,"  or  "  cities,"  as  the  case  may  be;  in  every  such  law 
which  is  passed  without  such  acceptance,  by  the  words  "  passed 
without  the  acceptance  of  the  city,"  or  "  cities,"  as  the  case  may  be. 

Art.  12,  §  3.  (Proposal  to  add  the  following  new  section:)  It 
shall  be  the  duty,  of  the  legislature,  within  two  years  after  the 
adoption  of  this  section,  to  consolidate  all  general  city  laws  into 
three  statutes,  each  containing  the  law  relating  to  all  the  cities 
of  one  class.  Thereafter,  no  general  city  law  shall  be  enacted, 
except  by  repeal  or  amendment  of  or  addition  to  one  or  more  of 
said  statutes.  Every  city  law  not  enacted  in  such  form  shall  be] 
a  special  city  law  within  the  meaning  of  section  two  of  this  article. 
The  legislature  shall  not  pass  any*  special  city  law  providing  for 
the  incorporation  of  any  city,  or  fixing  the  wages  or  salaries  of 
officers  or  employees  of  any  city,  or  appropriating  the  funds  of 
any  city\,  or  relieving  or  authorizing  the  relief  of  any  person  or 
persons  from  any  assessment  or  tax  or  any  part  thereof  thereto- 
fore imposed  or  assessed  by  any  city,  or  from  any  debt,  liability 
or  obligation  to  any  city,  or  creating  or  abolishing  any  city  office 
or  prescribing  the  duties  thereof. 

Art.  12,  §4.  (Proposal  to  add  the  following  new  section:)  The 
legislature  shall,  within  two  years  after  the  adoption  of  this  sec- 
tion, make  provision  by  general  city  laws  whereby  any  city  may 
draft,  adopt  and  amend  its  own  charter.  Such  charter  shall  be 
drafted  by  commissioners  appointed  by  designated  officer,  officers 
or  official  body  of  the  city,  or  by  convention  of  delegates  elected 
by  the  electors  at  a  special  election  and  by  ballot  containing  no 
party  designations.  Such  laws  shall  permit  the  drafting  of  such 
charter  to  be  initiated  by  petition  of  electors  and  a  special  elec- 
tion held  to  determine  whether  xurh  charter  shall  be  drafted  and 


358  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

whether  the  drafting  thereof  shall  be  by  commissioners  or  ~by  con- 
vention as  aforesaid;  and  shall  also  provide  means  ivhereby  in  the 
absence  of  such  petition  such  charter  may  be  drafted  by  either 
of  said  methods,  as  the  legislature  may  prescribe,  or,  in  the  dis- 
cretion of  the  legislature,  that  the  electors  may  determine  ichich 
of  said  methods  shall  be  employed.  Such  laws  shall  permit  amend- 
ments to  any  such  charter  to  be  initiated  by  the  electors,  and  may, 
in  the  discretion  of  the  legislature,  also  provide  for  their  initiation 
by  designated  officer,  officers  or  official  body  of  the  city.  Such 
charter  or  amendments  shall  be  submitted  for  adoption  to  vote  of 
the  electors,  after  having  been  published  for  a  period  and  in  a 
manner  to  be  fixed  by  the  legislature,  but  no  such  period  shall  be 
less  than  three  months. 

Art.  12,  §  5.  (Proposal  to  add  the  following  new  section:) 
A  special  city  charter  adopted  or  amended  as  aforesaid  shall  super- 
sede all  existing  provisions  of  any  city  law  ivhich  shall  be  incon- 
sistent therewith,  and  shall  not  be  subject  to  amendment  or  repeal 
by\  any  city  law  except  pursuant  to  the  provisions  of  section  four 
of  this  article. 

Art.  12,  §  6.  (Proposal  to  add  the  following  new  section:)  Sub- 
ject to  the  constitution  and  laivs  of  this  state,  every  city  and  village 
of  this  state  shall  have  and  is  hereby  granted  full  power  to  regulate 
its  own  property,  affairs  and  government,  and  no  enumeration  of 
powers  contained  in  any  law  of  this  state  or  in  any  charter  adopted 
by  the  voters  of  such  city  shall  be  deemed  to  limit  or  restrict  the 
general  grant  of  powers  hereby  conferred. 

Art.  12,  §  [3]  7.  *A11  elections  of  city  officers,  including 
supervisors  and  judicial  officers  of  inferior  local  courts,  elected 
in  any  city  or  part  of  a  city,  and  if  county  officers  elected  in  the 
counties  of  New  York  and  Kings,  and  in  all  counties  whose  bound- 
aries are  the  same  as  those  of  a  city,  except  to  till  vacancies,  shall 
be  held  on  the  Tuesday  succeeding  the  first  Monday  in  November 
in  an  odd-numbered  year,  and  the  term  of  every  such  officer  shall 
expire  at  the  end  of  an  odd-numbered  year.  The  terms  of  office 
of  all  such  officers  elected  before  the  first  day  of  January,  1895, 
whose  successors  have  not  then  been  elected,  which  under  existing 
laws  would  expire  with  an  even-numbered  year,  or  in  an  odd- 
numbered  year  and  before  the  end  thereof,  are  extended  to  and  in- 
cluding the  last  day  of  December  next  following  the  time  when 

*  Proposed  new  $  7  is  identical  with  original  §  3. 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       359 
Composite  Amendments 

such  terms  would  otherwise  expire;  the  terms  of  office  of  all  such 
officers,  which  under  existing  laws  would  expire  in  an  even-num- 
bered year,  and  before  the  end  thereof,  are  abridged  so  as  to  ex- 
pire at  the  end  of  the  preceding  year.  This  section  shall  not  apply 
to  any  city  of  the  third  class,  or  to  elections  of  any  judicial  officer, 
except  judges  and  justices  of  inferior  local  courts. 

1912.     S.  No.  1512  (Int.  1253). 
S.  J.  1048. 

Art.  12,  §  1.  (Proposal  to  substitute  the  following:)  Each  city 
and  each  village  shall  have  full  power  to  regulate  its  own  property, 
affairs  and  government,,  subject  to  this  constitution  and  the  laws 
of  the  state.  No  enumeration  of  powers  contained  in  any  law  shall 
be  deemed  to  limit  or  restrict  the  general  grant  of  powers  hereby 
conferred. 

Art.  12,  [§  2.  All  cities  are  classified  according  to  the  latest  state 
enumeration,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  one  hundred  and 
seventy-five  thousand  or  more ;  the  second  class,  all  cities  having 
a  population  of  fifty  thousand  and  less  than  one  hundred  and 
seventy-five  thousand ;  the  third  class,  all  other  cities.  Laws  relat- 
ing to  the  property,  affairs  of  government  of  cities,  and 
the  several  departments  thereof,  are  divided  into  general  and 
special  city  laws ;  general  city  laws  are  those  which  relate  to  all 
the  cities  of  one  or  more  classes ;  special  city  laws  are  those  which 
relate  to  a  single  city,  or  to  less  than  all  the  cities  of  a  class. 
Special  city  laws  shall  not  be  passed  except  in  conformity  with 
the  provisions  of  this  section.  After  any  bill  for  a  special  city 
law,  relating  to  a  city,  has  been  passed  by  both  branches  of  the 
legislature,  the  house  in  which  it  originated  shall  immediately 
transmit  a  certified  copy  thereof  to  the  mayor  of  such  city,  and 
within  fifteen  days  thereafter  the  mayor  shall  return  such  bill  to 
the  house  from  which  it  was  sent,  or  if  the  session  of  the  legisla- 
ture at  which  such  bill  was  passed  has  terminated,  to  the  governor, 
with  the  mayor's  certificate  thereon,  stating  whether  the  city  has 
or  has  not  accepted  the  same.  In  every  city  of  the  first  class,  the 
mayor,  and  in  every  other  city,  the  mayor  and  the  legislative  body 
thereof  concurrently,  shall  act  for  such  city  as  to  such  bill;  but 
the  legislature  may  provide  for  the  concurrence  of  the  legislative 
bpdy  in  cities  of  the  first  class.  The  legislature  shall  provide  for 
a  public  notice  and  opportunity  for  a  public  hearing  concerning 


360  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

any  such  bill  in  every  city  to  which  it  relates,  before  action  thereon. 
Such  a  bill,  if  it  relates  to  more  than  one  city,  shall  be  transmitted 
to  the  mayor  of  each  city,  to  which  it  relates,  and  shall  not  be, 
deemed  accepted  unless  accepted  as  herein  provided,  by  every  such 
city.  Whenever  any  such  bill  is  accepted  as  herein  provided,  it 
shall  be  subject  as  are  other  bills,  to  the  action  of  the  governor. 
Whenever,  during  the  session  at  which  it  was  passed,  any  such  bill 
is  returned  without  the  acceptance  of  the  city  or  cities  to  which  it 
relates,  or  within  such  fifteen  days  is  not  returned  it  may  never- 
theless again  be  passed  by  both  branches  of  the  legislature,  and 
it  shall  then  be  subject  as  are  other  bills,  to  the  action  of  the  gov- 
ernor. In  every  special  city  law  which  has  been  accepted  by  the 
city  or  cities  to  which  it  relates,  the  title  shall  be  followed  by  the 
words  "  accepted  by  the  city  "  or  "  cities,"  as  the  case  may  be ;  in 
every  such  law  which  is  passed  without  such  acceptance,  by  the 
words  "•  passed  without  the  acceptance  of  the  city,"  or  "  cities," 
as  the  case  may  be.] 

Art.  12,  §  2.  (Proposal  to  substitute  the  following:)  Each  city 
and  each  village  shall  have  power  to  adopt  and  amend  local  laws 
regulating  its  local  affairs  and  property,  the  powers,  duties,  mode 
of  selection,  terms  of  office  and  compensation  of  all  city  or  village 
officers,  the  transaction  of  its  business,  the  incurring  of  its  obliga- 
tions, the  acquisition,  care  and  management  of  its  property,  includ- 
ing public  utilities,  and  the  government  and  regulation  of  the  con- 
duct of  its  inhabitants  and  the  protection  of  their  property,  safety, 
health,  comfort  and  general  welfare,  not  inconsistent  with  the  con- 
stitution and  general  laws  of  the  state.  Such  local  laws  shall  be 
drafted  by  commissioners  appointed  by  designated  officers  or 
official  body  of  the  city  or  village,  or  by  convention  of  delegates 
elected  at  a  special  election  by  means  of  ballots  containing  no  party 
designations,  or  by  convention  composed  partly  of  commissioners 
and  partly  of  delegates.  The  drafting  of  any  such  local  law  may 
be  initiated  by  petition  of  electors  for  a  special  election  to  deter- 
mine whether  such  local  law  shall  be  drafted  and  whether  the  draft- 
ing shall  be  by  commissioners  or  by  convention.  The  legislature 
shall  also  provide  means  whereby,  in  the  absence  of  a  petition  local 
laws  may  be  drafted  by  either  method,  as  the  legislature  may  pre- 
scribe, or  may  direct  that  the  electors  may  determine  which  method 
shall  be  employed.  Amendments  to  any,  such  local  law  may  be 
initiated  and  adopted  as  herein  provided  for  the  initiation  and 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       361 
Composite  Amendments 

adoption  of  such  local  laws.  Every  such  local  law  or  amendment 
shall  be  submitted  to  the  electors  for  adoption,  after  having  been 
published  for  a  period  and  in  a  manner  to  be  prescribed  by  the 
legislature,  but  no  such  period  shall  be  less  than  three  months. 
Every  local  laiv  or  amendment  thereto  so  adopted  shall  supersede 
all  inconsistent  provisions  of  any  law  other  than  general  laws 
applying  alike  to  all  cities  or  all  villages.  The  provisions  of  this 
article  shall  not,  however,  be  deemed  to  restrict  the  power  of  the 
legislature  to  regulate  matters  of  state  concern  as  distinguished 
from  matters  relating  to  the  property,  affairs  or  government  of 
cities  or  villages.  The  legislature  shall,  at  its  next  session  after, 
this  section  shall  become  part  of  the  constitution,  provide  by  law 
for  carrying  into  effect  the  provisions  of  this  section. 

Art.  12,  §  3.  (Proposal  to  substitute  the  following:)  The  legis- 
lature shall  not  pass  any  law  relating  to  the  property,  affairs  or 
government  of  cities  or  villages  or  one  or  more  counties  lying 
wholly  within  a  city,  which  shall  be  special  or  local  either  in  its 
terms  or  in  its  effect,  but  all  laws  hereafter  passed  relating  to  the 
property,  affairs  or  government  of  any  city  or  village  or  any  county 
lying  wholly  within  a  city  shall  be  general  laws  and  shall  in  terms 
and  in  effect  apply  alike  to  all  cities  or  to  all  villages,  except  that 
the  legislature  may  grant  to  one  or  more  cities  or  villages  addi- 
tional powers  not  granted  to  all  cities  or  villages,  but  no  such  grant 
of  powers  shall  go  into  effect  in  any  city  or  village  until  it  has  been 
approved  by  a  vote  of  the  electors  of  such  city  or  village. 

Art.  12,  §  4.  [1]  It  shall  be  the  duty  of  the  legislature  by  such 
general  laws  to  provide  for  the  organization  of  cities  and  incorpo- 
rated villages,  and  to  restrict  their  powers  of  taxation,  assessment, 
borrowing  money,  contracting  debts,  and  loaning  their  credit,  so 
as  to  prevent  abuses  in  assessments  and  in  contracting  debt  by 
such  municipal  corporations  and  to  provide  by  such  a  general  law 
for  the  conditions  under  which  and  the  method  by  which  villages 
may  incorporate  as  ct*fa"es[;].  [and  tJTTie  legislature  may  by  such 
general  laws  regulate  and  fix  the  wages  or  salaries,  the  hours  of 
work  or  labor,  and  make  provision  for  the  protection,  welfare  and 
safety  of  persons  employed  by  the  state  or  by  any  county,  [city] 
town,  village  or  other  civil  division  of  the  state,  or  by  any  con- 
tractor or  sub-contractor  performing  work,  labor  or  services  for 
the  state,  or  for  any  county,  city,  town,  village  or  other  civil  di- 
vision thereof  [.],  excepting  that  the  legislature  shall  not  pass  any 


362  NEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

law  regulating  the  amount  of  compensation  of  officers  or  employees 
of  cities  or  villages  or  counties  wholly  within  a  city. 

Art.  12,  §  5  [3].  All  elections  of  city  officers,  including  super- 
visors and  judicial  officers  of  inferior  local  courts,  elected  in  any 
city  or  part  of  a  city,  and  of  county  officers  elected  [in  the  counties 
of  New  York  and  Kings,  and]  in  all  counties  wholly  within  a  city 
or  whose  boundaries  are  the  same  as  those  of  a  city,  except  to  fill 
vacancies,  shall  be  held  on  the  Tuesday  succeeding  the  first  Monday 
in  November  in  an  odd-numbered  year,  and  the  term  of  every  such 
officer  shall  expire  at  the  end  of  an  odd-numbered  year.  [The 
terms  of  office  of  all  such  officers  elected  before  the  first  day  of 
January,  eighteen  hundred  and  ninety-five,  whose  successors  have 
not  [then]  been  elected,  which  under  existing  laws  would  expire 
with  an  even-numbered  year,  or  in  an  odd-numbered  year  and  be- 
fore the  end  thereof,  are  extended  to  and  including  the  last  day  of 
December  next  following  the  time  when  such  terms  would  other- 
wise expire;  the  terms  of  office  of  all  such  officers,  under  which 
the  existing  laws  would  expire  in  an  even-numbered  year,  and 
before  the  end  thereof,  are  abridged  so  as  to  expire  at  the  end 
of  the  preceding  year.]  This  section  shall  not  apply  [to  any 
city  of  the  third  class  or]  to  elections  of  any  judicial  officer,  ex- 
cept judges  and  justices  of  inferior  local  courts. 

1913.     S.  No.  1206  (Int.  1060). 
S.  J.  444. 

Art.  12,  §  1.  (Proposal  to  substitute  the  following:)  Each 
city  and  each  village  shall  have  full  power  to  regulate  matters  re- 
lating to  its  own  property,  affairs  and  government,,  subject  to  this 
constitution  and  the  laws  of  the  state.  No  enumeration  of  powers 
contained  in  any  law  shall  be  deemed  to  limit  or  restrict  the  general 
grant  of  powers  hereby  conferred. 

Art.  12,  §  2.  (Proposal  to  substitute  the  following:)  Each 
city  and  each  village  shall  have  power  to  adopt  and  amend  local 
laws  not  inconsistent  with  the  constitution  and  general  laws  of  the 
State,,  providing  for  the  exercise  of  the  powers  granted  by  this 
constitution  or  by  the  laws  of  the  State  and  relating  to  the  local 
affairs  and  property  of  the  city  or  village,,  the  powers,  duties, 
mode  of  selection,  terms  of  office  and  compensation  of  all  city  or 
village  officers  and  employees,  the  transaction  of  its  business,  the 
incurring  of  its  obligations,  the  acquisition,  care  and  management 
of  its  property,  including  public  utilities,  and  the  government  and 


II]        AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       363 
Composite  Amendments 

regulation  of  the  conduct  of  its  inhabitants  and  the  protection  of 
the  conduct  of  their  property,  safety,  health ,  comfort  and  general 
welfare.  Such  local  laws  and  amendments  thereto  shall  be  known 
and  designated  as  "  local  municipal  laws "  to  distinguish  them 
from  local  laws  passed  by  the  senate  and  assembly.  Such  local 
municipal  latvs  shall  be  drafted  by  commissioners  appointed  by 
designated  officers  or  official  body  of  the  city  or  village  or 
by  convention  of  delegates  elected  at  a  special  election  by  bal- 
lots containing  no  party  designations  or  by  convention  composed 
partly  of  commissioners  and  partly  of  delegates.  A  petition  by 
electors  of  a  city  or  village,  in  such  number  or  proportion  as  shall 
be  prescribed  by  the  legislature,  may  require  the  calling  of  a  special 
election  to  determine  whether  a  local  municipal  law  shall  be 
drafted,  and  vjhether  the  drafting  shall  be  by  commissioners,  by  a 
convention  of  delegates,  or  by  a  convention  composed  partly  of 
commissioners  and  partly  of  delegates,  and  the  legislature  shall 
provide  by  general  law  for  such  special  elections.  The  legislature 
shall  also  provide  means  whereby  in  the  absence  of  any  such  peti- 
tion, the  drafting  of  local  municipal  laws  may  be  required  by 
action  of  officers  or  official  body  of  a  city  or  village,  and  shall  pre- 
scribe by  which  of  the  aforesaid  methods  such  local  municipal  laws 
shall  after  the  taking  of  such  action  be  drafted,  or  the  legislature 
may  direct  that  the  method  of  drafting  be  determined  by  the  elec- 
tors at  a  special  election,  or  by  officers  or  official  body  of  the  city 
or  village.  Every  local  municipal  law  shall  be  submitted  to  the 
electors  of  the  city  or  village  for  adoption  after  publication  for  a 
period  and  in  a  manner  to  be  prescribed  by  general  law,  but  no 
such  period  shall  be  less  than  three  months.  Every  local  municipal 
law  so  adopted  shall  supersede  and  repeal,  so  far  as  the  city  and 
village  adopting  it  is  concerned,  all  inconsistent  provisions  of  any 
law  other  than  general  laws  applying  alike  to  all  cities  or  to  all 
villages.  A  local  municipal  law  may  delegate  to  officers  or  official 
body  of  the  city  or  village  power  to  regulate  by  ordinance,  reso- 
lution or  by-law  any  matter  which  may  be  the  subject  of  a  local 
municipal  law;  the  drafting  and  adoption  of  such  ordinances,  reso- 
lutions, or  by-laws  shall  be  regulated  by  law  and  the  provisions  of 
this  article  regarding  the  drafting  and  adoption  of  local  municipal 
laws  shall  not  be  applicable  thereto.  The  legislature  shall,  at  its 
next  session  after  this  section  shall  become  part  of  the  constitution, 
provide  by  general  law  for  carrying  into  effect  the  provisions  of 
this  section. 

PART  11—13 


364:  XEW  YORK  STATE  CONSTITUTION  ANNOTATED          [Part 

Composite  Amendments 

Art.  12,  [§  2.  All  cities  are  classified  according  to  the  latest  state 
enumeration,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  one  hundred  and 
seventy-five  thousand  or  more;  the  second  class,  all  cities  having 
a  population  of  fifty  thousand  and  less  than  one  hundred  and 
seventy-five  thousand ;  the  third  class,  all  other  cities.  Laws  relat- 
ing to  the  property,  affairs  or  government  of  cities,  and  the  several 
departments  thereof,  are  divided  into  general  and  special  city 
laws;  general  city  laws  are  those  which  relate  to  all  the  cities  of 
one  or  more  classes ;  special  city  laws  are  those  which  relate  to  a 
single  city,  or  to  less  than  all  the  cities  of  a  class.  Special  city 
laws  shall  not  be  passed  except  in  conformity  with  the  provisions 
of  this  section.  After  any  bill  for  a  special  city  law,  relating  to 
a  city,  has  been  passed  by  both  branches  of  the  legislature,  the 
house  in  which  it  originated  shall  immediately  transmit  a  certified 
copy  thereof  to  the  mayor  of  such  city,  and  within  fifteen  days 
thereafter  the  mayor  shall  return  such  bill  to  the  house  from  which 
it  was  sent,  or  if  the  session  of  the  legislature  at  which  such  bill 
was  passed  has  terminated,  to  the  governor,  with  the  mayor's  cer- 
tificate thereon,  stating  whether  the  city  has  or  has  not  accepted 
the  same.  In  every  city  of  the  first  class,  the  mayor,  and  in  every 
other  city,  the  mayor  and  the  legislative  body  thereof  concurrently, 
shall  act  for  such  city  as  to  such  bill ;  but  the  legislature  may 
provide  for  the  concurrence  of  the  legislative  body  in  cities  of  the 
first  class.  The  legislature  shall  provide  for  a  public  notice  and 
opportunity  for  a  public  hearing  concerning  any  such  bill  in  every 
city  to  which  it  relates,  before  action  thereon.  Such  a  bill,  if  it 
relates  to  more  than  one  city  shall  be  transmitted  to  the  mayor  of 
each  city  to  which  it  relates,  and  shall  not  be  deemed  accepted 
unless  accepted  as  herein,  provided,  by  every  such  city.  When- 
ever any  such  bill  is  accepted  as  herein  provided,  it  shall  be 
subject  as  are  other  bills,  to  the  action  of  the  governor.  When- 
ever, during  the  session  at  which  it  was  passed,  any  such  bill 
is  returned  without  the  acceptance  of  the  city  or  cities  to 
which  it  relates,  or  within  such  fifteen  days  is  not  returned  it 
may  nevertheless  again  be  passed  by  both  branches  of  the  legis- 
lature, and  it  shall  then  be  subject  as  are  other  bills,  to  the  action 
of  the  governor.  In  every  special  city  law  which  has  been  ac- 
cepted by  the  city  or  cities  to  which  it  relates,  the  title  shall  be 
followed  by  the  words  "  accepted  by  the  city  "  or  "  cities,"  as 


II]       AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914       365 
Composite  Amendments 

the  case  may  be;  in  every  such  law  which  is  passed  without  such 
acceptance,  by  the  words  "  passed  without  the  acceptance  of  the 
city,"  or  "  cities,"  as  the  case  may  be.] 

Art.  12,  §  3.  (Proposal  to  substitute  the  following:)  The  legis- 
lature shall  not  pass  any  law  relating  to  the  property,  affairs  or  gov- 
ernment of  cities  or  villages  or  one  or  more  counties  lying  wholly 
within  a  city,  which  shall  be  special  or  local  either  in  its  terms 
or  in  its  effect,  but  all  laws  hereafter  passed  relating  to  the  prop- 
erty, affairs  or  government  of  any  city  or  village  or  any  county 
lying  wholly  within  a  city  shall  be  general  laws  and  shall  in  terms 
and  in  effect  apply  alike  to  all  cities  or  to  all  villages. 

Art.  12,  §  [1]4-  It  shall  be  the  duty  of  the  legislature  by  such 
general  laws  to  provide  for  the  organization  of  cities  and  incorpo- 
rated villages,  and  to  restrict  their  power  of  taxation,  assessment, 
borrowing  money,  contracting  debts,  and  loaning  their  credit,  so  as 
to  prevent  abuses  in  assessments  and  in  contracting  debt  by  such 
municipal  corporations  and  to  provide  by  such  a  general  law  for 
the  conditions  under  which  and  the  method  by  which  villages  may 
incorporate  as  cities >[;].  [and  tJTTie  legislature  may  by  such 
general  laws  regulate  and  fix  the  wages  or  salaries,  the  hours  of 
work  or  labor,  and  make  provision  for  the  protection,  welfare 
and  safety  of  persons  employed  by  the  state  or  by  any  county, 
[city,]  town,  village  or  other  civil  division  of  the  state,*  or  by  any 
county  [city,]  town,  village  or  other  civil  division  of  the  state, 
or  by  any  contractor  or  sub-contractor  performing  work,  labor  or 
services  for  the  state,  or  for  any  county,  city,  town,  village  or  other 
civil  division  thereof [.],  excepting  that  the  legislature  shall  not 
pass  any  law  regulating  the  amount  of  compensation  of  officers  or 
employees  of  cities  or  village  or  counties  wholly  within  a  city. 

Art.  12,  §  5.  (Proposal  to  add  the  following  new  section:)  The 
provisions  of  this  article  shall  not  be  deemed  to  restrict  the  power 
of  the  legislature  to  regulate  matters  of  state  concern  as  dis- 
tinguished from  matters  relating  to  the  property,  affairs  or  gov- 
ernment of  cities  or  villages. 

Art.  12,  §  [3] 6.  All  elections  of  city  officers,  including  super- 
visors and  judicial  officers  of  inferior  local  courts,  elected  in  any 
city  or  part  of  a  city,  and  of  county  officers  elected  [in  the  counties 
of  New  York  and  Kings,  and]  in  all  counties  wholly  within  a  city 
or  whose  boundaries  are  the  same  as  those  of  [a]  the  city,  except 

*  So  in  original. 


366      NEW  YORK  STATE  CONSTITUTION  ANNOTATED     [Part  II] 
Composite  Amendments 

to  fill  vacancies,  shall  be  held  on  the  Tuesday  succeeding  the  first 
Monday  in  November  in  an  odd-numbered  year,  and  the  term  of 
every  such  officer  shall  expire  at  the  end  of  an  odd-numbered 
year.  [The  [terms]  term  of  office  of  all  such  officers  elected 
before  the  first  day  of  January,  eighteen  hundred  and  ninety- 
five,  whose  successors  have  not  [then]  been  elected,  which  un- 
der existing  laws  would  expire  with  an  even-numbered  year,  or 
in  an  odd-numbered  year  and  before  the  end  thereof,  are  ex- 
tended to  and  including  the  last  day  of  December  next  follow- 
ing the  time  when  such  terms  would  otherwise  expire;  the  terms 
of  office  of  all  such  officers,  [which  under]  under  which  the  ex- 
isting laws  would  expire  in  an  even-numbered  year,  and  before 
the  end  thereof,  are  abridged  so  as  to  expire  at  the  end  of  the 
preceding  year.]  This  section  shall  not  apply  [to  any  city  of 
the  third  class  or]  to  elections  of  any  judicial  officer,  except 
judges  and  justices  of  inferior  local  courts. 

1914.     S.  No.  722  (Int.  674).    (Same  as  A.  No.  1666.) 

S.  J.  211. 

A.  No.  1666  (Int.  827).     (Same  as  S.  No.  722.) 
A.  J.  397. 


INDEX 


PART  II 

AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914 

[367] 


INDEX 


PART  II 

AMENDMENTS  ADOPTED  AND  PROPOSED,  1895-1914 


Amendments:   see  Constitution  PAGE 

Appeals 3,  6 

Appellate  division:   see  Supreme  court 

Appropriations 311 

Assemblymen: 

additional 47,     61 

apportionment 310,  311 

mileage 64,     67 

salaries 64,  65,  311,  319 

term 45,  47,  310,  311,  319 

Attorney-general:   see  Short  ballot 

Banks,  superintendent  of 87 

Biennial  sessions 237,  310,  311,  314 

Bills: 

approval 86 

introduction  and  number 68 

veto 86 

Black  Eiver  canal:   see  Canals 

Bridges: 

improvement 197 

municipal    control 79 

Bucket  shops 13 

Canals: 

abandonment 183,  184,  185 

appurtenances 181 

disposition 181,  182,  183,  185 

railroad  on  banks 183,  184,  190 

surplus  waters 186,  187 

tolls 189 

Capital  punishment  17 

Cities: 

classification 248,  251 

public  utilities 79,  337 

special  bills 248,  249,  251 

see  also  Civil  service;  Municipal  home  rule;  New  York  city 

City  court  of  New  York 123 

City  employees:   see  Public  employees 

City  finance:   see  Municipal  finance 

[369] 


370  INDEX  [Part 

Amendments   Adopted   and   Proposed,    1895-1914 

Civil  service:  PAGE 

abolition 101 

additional  percentages   93, 98 

appointment  of  first  on  list 236 

preferences 92,  95,  96,97,  98,  99,  100 

Claims 73,  77 

Comptroller:  see  Short  ballot 

Condemnation:   see  Eminent  domain 

Constitution : 

amendments 255,  257 

convention  for  revision 260 

courts  not  to  declare  statute  unconstitutional 160 

defects,  court  of  appeals  to  report 138 

see  also  Initiative  and  referendum;  Initiative,  referendum  and 
recall 

Constitutional  convention:  see  Constitution 

Convicts 78,  79 

Corrupt  practices 33 

Counties : 

classification 71 

general  laws 71 

special  laws,  acceptance 71 

County  auditors:   see  County  officers 

County  clerks:  see  County  officers 

County  courts: 

additional  judges 144,  145,  146,  150,  152 

Kings  county  auxiliary  court 155 

County  employees:  see  Public  employees 

County  finance:   see  Municipal  finance 

County  judges 107 

County  officers 76,  234 

see  also  Civil  service;  New  York  city 

County  registers:  see  County  officers 

Court  of  appeals: 

additional  justices 103,  129,  131 

appeals  allowed 134,  136 

designation  of  appellate  division  justices 113,  115,  116 

final  judgments 1  •"  7 

judges,  age  limitation '. 141 

compensation 141,  142 

removal 139 

salaries 129 

suspension 139 

term 130 

opinion  required 69,  137,  1 38 

quorum 131 

removal  of  judicial  officers 139 

report  defects  in  constitution  or  statutes 138 


II]  INDEX  371 

Amendments   Adopted   and   Proposed,    1895-1914 

Court  of  appeals  —  Continued:  PACE 

second  division 129,  131 

supreme  court  justices  to  assist 128 

vacancies 133 

Court  of  condemnation 160 

Court  of  pardons 84 

Death  penalty 17 

Debt,  state: 

direct  tax   163,  191 

fifty  year  bonds 163 

highways 192,  193,  194,  195 

interest 164,  191,  193,  197 

payment .- 163,  166,  167,  191,  192 

referendum   167,  168 

sinking  fund 163,  164,  191,  192 

tax  rate 169 

District  attorneys:   see  County  officers 

Docks : 79 

see  also  New  York  city 

Drainage  of  private  lands 12 

Elections: 

corrupt  practices 33 

officers 33 

uniform  laws 33 

Electors: 

inmates  of  state  homes 27 

primaries '. 26 

registration 28,  31,  32 

residence 25 

state  service  in  war  time 25 

Electricity 79 

Eminent  domain: 

ascertainment  of  damages 8,9,10 

court  of  condemnation 11,  160 

drainage  of  private  lands 12 

excess  condemnation 8 

land  court    11, 160 

water  power  development 4,  5 

Employer 's  liability 16 

Erie  canal:  see  Canals 

Excess  condemnation    4, 8 

Ferries 79 

Fines 84 

Fish 77 

Forest  preserve: 

certain  land  excepted 178 

highways 174,  175,  177,  180 

lease  of  lands 171,  174,  175,  177,  180 


372  INDEX  [Part 

Amendments   Adopted    and    Proposed,    1895-1914 

Forest  preserve  —  Continued :  PAGE 

removal  of  timber 174,  175,  176,  177,  178,  180 

sale  of  lands 171,  173,  174,  175,  176,  177,  180 

tuberculosis  sanitarium 179 

water  power  development 174 

water  storage 170,  172,  174,  178,  179 

Forests: 

regulations 77 

Franchises 80,  253 

Futures 13 

Gambling 14 

Game 77 

Gas 79 

Governor: 

approval  or  veto 86 

salary 82,  83,  319 

term 81,  319 

see  also  Short  ballot 

Highway  bridges  and  tunnels 197 

Highways 192,  193,  194,  195,  196 

Home  rule  for  municipalities:   see  Municipal  home  rule 

Hours  of  labor 161 

Indictment 5,  6 

Initiative  and  referendum 34,  258,  262,  271 

see  also  Initiative,  referendum  and  recall 

Initiative,  referendum  and  recall 293 

see  also  Initiative  and  referendum 

Insurance,  superintendent  of 87 

Judgment,   appellate  court 3 

Judicial  decisions: 

recall  of   6 

Judicial  districts 102,  103 

Judicial  officers 139 

Jury 1,3 

Land  court:   see  Eminent  domain 

Legislative  term 237 

Legislature: 

biennial  sessions 237,  310,  311,  314 

claims,  audit 73 

introduction  of  bills,  rules 68 

rules 68 

single  body 54,  316 

Lieutenant-governor 81,  319 

Major-generals:  see  Short  ballot 

Margins 13,  14 

Militia  officers:  see  Short  ballot 

Mineral  rights    17,  18 

Minimum  wage 17 

Minority  representation:  see  Proportional  representation 


II]  INDEX  373 

Amendments   Adopted   and    Proposed,    1895-1914 

PACE 

Misdemeanors 6 

Municipal  finance 200,  201,  203,  204,  207,  210,  212,  214,  215 

217,  219,  223,  224,  226,  230,  242 
see  also  Municipal  home  rule 

Municipal  home  rule 243,  338 

Natural  resources    17 

Navigable  waters 186,  187 

New  York  city: 

docks 204,  214,  215,  220,  224,  226,  230 

indebtedness 201,  204,  207,  210,  214,  215,  217,  219,  223,  224,  226,  230 

officers 335 

subways 204,  215,  219,  223,  224 

water  system  .  . 201,  207,  210 

New  York  State  Soldiers'  and  Sailors'  Home: 

votes  of  inmates 27 

New  York  State  Women's  Relief  Corps  Home: 

votes  of  inmates 27 

Niagara  river 191 

Pardons,  court  of 84 

Political  year 237 

Presentment 5,  6 

Primaries 26 

Prisoners: 

employment 78 

wages 79 

Proportional  representation 26 

Public  employees: 

wages,  hours  of  labor,  etc 242 

see  also  Municipal  home  rule 
Public  money: 

private  use 161 

surplus,  repayment  to  counties 74 

Public  officers: 

discrimination   in  rates 254 

franking  privileges 254 

passes 254 

recall 239 

removal 238 

see  also  County  officers;  Short  ballot 
Public  utilities:  see  Cities 
Public  work: 

eight  hour  day 161 

wages 161 

Public  works,  superintendent  of:  see  Short  ballot 

Eailroad  commissioner 87 

Eecall  of  elective  officers 239 

see  also  Initiative,  referendum  and  recall 
Recall  of  judicial  decisions 6 


3>74  INDEX  [Part 

Amendments   Adopted   and   Proposed,    1895-1914 

Kegistration:  see  Electors 

St.  Lawrence  river:  PAGE 

water  power  development 178 

Schools 24 

Secretary  of  state:  see  Short  ballot 

Senate 56,  57 

Senators: 

additional 57 

apportionment 310,  311 

mileage 64,  67 

number  in  any  county 55 

number  in  two  adjoining  counties 55 

salaries 64,  65,  311,  319 

terms 47,  310,  311,  319 

Sewers 79 

Sex  discrimination 80 

Sheriffs:  see  County  officers 

Short  ballot    319,  322 

Sinking  funds 191,  192,  193 

State  debt:  see  Debt,  state 

State  employees:  see  Public  employees 

State  engineer  and  surveyor:  see  Short  ballot 

State  lands 17 

State  prisons,  superintendent  of:  see  Short  ballot 

State  treasurer:  see  Short  ballot 

Statutes: 

power  of  courts  over •.   160 

Statutory  revision  commissioners 75 

Street  railway  franchises:  see  Franchises 

Street  railways 79 

see  also  New  York  city 

Subways:  see  New  York  city 

Superintendent   of   banks 87 

Superintendent  of  insurance , 87 

Superintendent  of  public  works:  see  Short  ballot 

Superintendent  of  state  prisons:  see  Short  ballot 

Supervisors 75 

Supreme  court: 

additional  justices 102,  103,  104,  156,  157,  158,  159 

appellate  division,  assignment  of  justices 112 

designation  of  justices 113,  115,  116 

designation  of  special  terms 112 

extra  trial  or  special  terms 115 

jurisdiction 118 

justices,  powers  and  duties 110,  116 

residence 109 

rules 112 

temporary  designations 109 

assignment  of  justices 104 


II]  INDEX  375 

Amendments   Adopted   and   Proposed,    1895—1914 

Supreme  court  —  Continued:  PAGE 

city  court  of  New  York,  consolidation 123 

county  judges  to  assist 107 

increasing  or  diminishing  justices 104 

justices,  age  limitation 141 

compensation 141,  142 

elections 122 

removal 139 

suspension 139 

term 121,  122 

new   districts 102,  103 

trial  commissioners 105,  106,  126 

trial  terms 110,  118,  119 

supreme  court  commissioners 127 

vacancies 121,  122,  123 

Surplus  public  money 74 

Swamps: 

drainage 12 

Taxation: 

direct  tax 165 

exemption 70 

general  tax 79 

Town  employees:   see  Public  employees 

Town  finance:  see  Municipal  finance 

Towns: 

classification 71 

general  laws 71 

special  laws,  acceptance 71 

Treasurer,  state:  see  Short  ballot 

Trial  commissioners,  supreme  court 105,  106,  126 

Tuberculosis  sanitarium  in  forest  preserve 179 

Tunnels 79,  197 

see  also  Highway  bridges  and  tunnels 

United  States  deposit  fund 314 

Verdict 1,  3 

Veto 86 

Village  employees:  see  Public  employees 

Village  finance:  see  Municipal  finance 

Villages: 

classification - 71 

general  laws 71 

special  laws,  acceptance 71 

Voters:  see  Electors 

Wage,  minimum 17 

Wages 161 

see  also  Minimum  wage 

War: 

voting   25 

Water  power  development 4,  5,  178,  186,  187 


376  INDEX  [Part  II 

Amendments   Adopted   and   Proposed,    1895-1914 

Water  powers:  PAGE 

alienation 17 

Water  storage 5,  170,  172,  174,  178,  179 

Water  system: 

municipal  control 79 

see  also  New  York  city 

Waters  of  state 180 

Witnesses: 

criminal  cases,  defendant 6 

Woman  suffrage  18,  23,  24,  25 

Workmen 's  compensation 7,  15,  16,  80,  198 


\ 


YC  36229 


